Devi Lal @ Deepak Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 5391 Raj

[2023/RJJD/017762]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6382/2023

Devi Lal @ Deepak Kumar S/o Sh. Hazari Lal Ji, Aged About 25 Years, B/c Jat, R/o Nikumbh, Police Station Nikumbh, District Chittorgarh. (Lodged in Sub Jail, Bhinmal).

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Vijay Raj Bishnoi For Respondent(s) : Mr. Mukesh Trivedi, Public Prosecutor

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

26/05/2023

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.152/2014 of

Police Station Jhab, District Jalore for the offences punishable

under Sections 8/15, 29 of NDPS Act, Sections 411, 419, 467,

468, 471, 474, 482 IPC and Section 3/25 of Arms Act. He has

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

Learned counsel for the petitioner has submitted that the

earlier bail application of the petitioner was rejected by this Court

on 21.10.2022. It is also submitted that as per the prosecution

story, the petitioner was apprehended while transporting narcotic

contraband poppy husk weighing 150 kgs. illegally. It is further

submitted that the petitioner was arrested on 19.12.2014 and 4

[2023/RJJD/017762] (2 of 3) [CRLMB-6382/2023]

prosecution witnesses are still left to be examined till date. It is

also submitted that the trial of the case will take time.

Learned counsel for the petitioner has placed reliance on the

decision dated 28.03.2023 rendered by the Hon'ble Supreme

Court in Mohd Muslim @ Hussain Vs. State (NCT of Delhi)

[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. It is

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 and after

going through the material available and in view of the judgment

passed by the 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 Devi Lal @

Deepak Kumar S/o Sh. Hazari Lal Ji shall be released on bail in

connection with FIR No.152/2014 of Police Station Jhab, District

Jalore provided he executes a personal bond in a sum of

Rs.100,000/- with two sound and solvent sureties of Rs.50,000/-

each to the satisfaction of learned trial court for his appearance

[2023/RJJD/017762] (3 of 3) [CRLMB-6382/2023]

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 45-Arunk/-

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