Akhtar Kha vs State Of Rajasthan ...
2023 Latest Caselaw 9326 Raj

[2023:RJ-JD:38865]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Second Bail Application No. 11412/2023

Akhtar Kha S/o Shri Bulle Kha, Aged About 26 Years, R/o 6BD, Police Station Khajuwala, District Bikaner. (At Present Lodged In Sub Jail Anupgarh)

----Petitioner Versus State Of Rajasthan, Through Public Prosecutor

----Respondent

For Petitioner(s) : Mr. Kuldeep Sharma For Respondent(s) : Mr. Laxman Solanki, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

08/11/2023

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.139/2020 of

Police Station Rawla, District Sri Ganganagar for the offences

punishable under Sections 8/22 and 29 of NDPS Act. He has

preferred this second 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 05.03.2021. It is also submitted that as per the prosecution

story, on 15.07.2020, total 1500 tablets containing narcotic

substance Tramadol weighing 600 grams have been recovered at

the instance of one Abdul Ali, who in police custody informed that

he procured the same from the petitioner. It is further submitted

that the petitioner was arrested on 16.10.2020 and till date he is

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in custody. It is also submitted that as per the charge-sheet, the

prosecution is required to examine total 15 witnesses, however,

out of which only 5 have been examined till 20.09.2023. It is also

submitted that the trial of the case will take time and the delay

caused in trial cannot be attributed to the petitioner.

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 second bail application filed under Section

439 Cr.P.C. is allowed and it is directed that petitioner - Akhtar

Kha S/o Shri Bulle Kha shall be released on bail in connection

with FIR No.139/2020 of Police Station Rawla, District Sri

Ganganagar provided he executes a personal bond in a sum of

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Rs.100,000/- 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

Abhishek Kumar S.No.38

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