Oma Ram S/O Rakha Ram vs U.O.I. N.C.B. ...
2023 Latest Caselaw 6524 Raj/2

[2023:RJ-JP:34383]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

    S.B. Criminal Miscellaneous Bail Application No. 8301/2023

Oma Ram S/o Rakha Ram, Aged About 25 Years, Resident Of
Village Bisalpur, Post Bisalpur, Tehsil Mandore, District Jodhpur
(Presently Confined In Sub Jail, Beawar)
                                                                   ----Petitioner
                                    Versus
U.o.i. N.c.b., Through Special Public Prosecutor
                                                                 ----Respondent

For Petitioner(s) : Mr.Chain Singh Rathore, Adv. For Respondent(s) : Mr.Tej Prakash Sharma, Special PP.

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

09/11/2023

Learned counsel for the petitioner submits that the

accused-petitioner is in custody since 18.03.2019 and out of 9

prosecution witnesses, only two witnesses have been examined.

He, therefore, prays that the petitioner may be released on bail.

Per contra, learned Public Prosecutor Mr.Tej Prakash

Sharma opposed the prayer.

Heard. Considered.

As per record, commercial quantity of contraband has

been recovered from the possession of the petitioner.

So far as benefit of bail on delay in such circumstances

is concerned, a three-Judges Bench of the Hon'ble Supreme Court

of India has, in case of Narcotics Control Bureau Vs. Mohit

Aggarwal: 2022 (6) WLC 58 (SC), while cancelling the benefit

[2023:RJ-JP:34383] (2 of 2) [CRLMB-8301/2023]

of bail extended to the accused/respondent by this Court, held as

under:

"18. In our opinion the narrow parameters of bail available under Section 37 of the Act, have not been satisfied in the facts of the instant case. At this stage, it is not safe to conclude that the respondent has successfully demonstrated that there are reasonable grounds to believe that he is not guilty of the offence alleged against him, for him to have been admitted to bail. The length of the period of his custody or the fact that the charge-sheet has been filed and the trial has commenced are by themselves not considerations that can be treated as persuasive grounds for granting relief to the respondent under Section 37 of the NDPS Act."

In view of the aforesaid judgment, this Court is not

persuaded to extend the petitioner benefit of bail only on account

of long incarceration in view of applicability of the provisions of

Section 37 of the Act of 1985.

The second bail application is dismissed accordingly.

However, looking to the length of the custody of the petitioner, the

learned trial Court is directed to expedite the trial of the case and

endeavour to conclude it as expeditiously as possible.

Learned Public Prosecutor is directed to ensure

presence of the prosecution witnesses as and when directed by

the learned trial Court.

(MAHENDAR KUMAR GOYAL), J

Himanshu Soni/5

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