Kushalsingh @ Karansingh vs State Of Rajasthan ...
2023 Latest Caselaw 5328 Raj

[2023/RJJD/017383]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 748/2022

Kushalsingh @ Karansingh S/o Sh. Maal Singh, Aged About 42 Years, Kusumbi, Tehsil Ladnu, Dist. Nagaur (Raj.). (Presently Lodged At Sub Jail, Didwana).

                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     None present
For Respondent(s)         :     Mr. Arun Kumar, PP



               HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

25/05/2023

      Heard.

The petitioner has been arrested in FIR No.126/2020 of

Police Station Jaswantgarh, District Nagaur for the offences

punishable under Sections 8/20 and 29 of the NDPS Act. He has

preferred this third bail application under Section 439 Cr.P.C.

As per the prosecution story, the police has recovered 1.112

kgs of Ganja from the petitioner on 20.10.2020 and he was

arrested on the very same day. It is noticed that the recovered

narcotic contraband is above small quantity but less than

commercial quantity. It is also noticed that the trial against the

petitioner has not been concluded till date.

The Hon'ble Supreme Court in Mohd Muslim @ Hussain

Vs. State (NCT of Delhi) in Special Leave Petition (Crl.)

No(s).915 of 2023, decided on 28.03.2023 has held that delay

in trial can also be considered for releasing accused person on bail

[2023/RJJD/017383] (2 of 2) [CRLMB-748/2022]

despite the restrictions imposed under Section 37 of the NDPS

Act.

Learned Public Prosecutor has opposed the bail application.

After going through the material available on record and in

view of the judgment passed by Hon'ble Supreme Court in Mohd

Muslim @ Hussain's case (supra), without expressing any

opinion on the merits of the case, I deem it just and proper to

grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Kushalsingh @

Karansingh S/o Sh. Maal Singh shall be released on bail in

connection with FIR No. 126/2020 of Police Station Jaswantgarh,

District Nagaur provided he executes a personal bond in a sum of

Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-

each to the satisfaction of learned trial court for his appearance

before that court on each and every date of hearing and whenever

called upon to do so till the completion of the trial.

(VIJAY BISHNOI),J 7-Arun/-

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