Mahendra Singh @ Mahendra vs State Of Rajasthan ...
2023 Latest Caselaw 5394 Raj

[2023/RJJD/017766]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6233/2023

Mahendra Singh @ Mahendra S/o Sh. Suva Lal Jat, Aged About 26 Years, Dhani Hanumansagar Simarala Jagir, P.s. Ringas, Dist. Sikar. (At Present Lodged In Dist. Jail, Bhilwara).

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


For Petitioner(s)          :     Mr. K. L. Bishnoi
For Respondent(s)          :     Mr. Mukesh Trivedi, PP



              HON'BLE MR. JUSTICE VIJAY BISHNOI

                                      Order

26/05/2023

Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.83/2019 of Police

Station Shambhugarh, District Bhilwara for the offences

punishable under Sections 8/18 and 8/25 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, 66 Kgs of poppy straw was recovered at the

instance of the petitioner. It is also submitted that the petitioner is

in custody since 29.06.2019 and the prosecution is required to

examine 21 prosecution witnesses, out of which, statements of

only 11. witnesses have been recorded 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/017766] (2 of 2) [CRLMB-6233/2023]

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 Mahendra

Singh @ Mahendra S/o Sh. Suva Lal Jat shall be released on

bail in connection with FIR No.83/2019 of Police Station

Shambhugarh, District Bhilwara 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 41-Arun/-

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