Ladu Ram vs State Of Rajasthan ...
2023 Latest Caselaw 5329 Raj

[2023/RJJD/017387]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 12936/2022

Ladu Ram S/o Bhanwara Ram Godara Vishnoi, Aged About 30 Years, Dhan Ji Ki Dhani, Vill. Finch, Teh. Luni, Dist. Jodhpur. (Lodged In Dist. Jail, Chittorgarh).

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


For Petitioner(s)          :     Mr. K. L. Bishnoi
For Respondent(s)          :     Mr. Arun Kumar, PP



              HON'BLE MR. JUSTICE VIJAY BISHNOI

                                      Order

25/05/2023

Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.67/2020 of Police

Station Nikumbh, District Chittorgarh for the offences punishable

under Sections 8/29 of the NDPS Act. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per

the prosecution story, 30 Quantal 18 Kgs 500 gms of poppy husk

was recovered at the instance of the petitioner. It is also

submitted that the petitioner is in custody since 15.07.2019 and

the prosecution is required to examine 36 prosecution witnesses,

out of which, statements of only one witnesses has been

examined till date and trial of the case is likely to take time.

Learned counsel has placed reliance on the decision dated

28.03.2023 rendered by Hon'ble the Supreme Court in Mohd

[2023/RJJD/017387] (2 of 2) [CRLMB-12936/2022]

Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave

Petition (Crl.) No(s).915 of 2023, wherein it is observed by the

Hon'ble Supreme Court that delay in trial can also be considered

for releasing accused person on bail despite the restrictions

imposed under Section 37 of the NDPS Act. Learned counsel for

the petitioner has submitted that in the light of the judgment

passed by the Hon'ble Supreme Court in Mohd Muslim @ Hussain's

case (supra), the petitioner is entitled to be enlarged on bail.

Learned Public Prosecutor has opposed the bail application.

Having heard the learned counsel for the parties, 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 Ladu Ram S/o

Bhanwara Ram Godara Vishnoi shall be released on bail in

connection with FIR No.67/2020 of Police Station Nikumbh,

District Chittorgarh 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 16-Arun/-

Powered by TCPDF (www.tcpdf.org)