Pawan Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 9334 Raj

[2023:RJ-JD:38855]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Third Bail Application No. 11256/2023

Pawan Kumar S/o Mangatu Ram, Aged About 32 Years, R/o 365 Head, Tehsil Rawla, District Sri Ganganagar. (Lodged In Sub Jail, Anupgarh)

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Ms. Priya Bishnoi 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.36/2019 of Police

Station Rawla, District Sri Ganganagar for the offences punishable

under Sections 8/21 and 8/22 of NDPS Act. He has preferred this

third 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 20.11.2021. It is also submitted that as per the prosecution

story, 8250 tablets containing narcotic substance Tramadol

weighing 3300 grams have been recovered at the instance of the

petitioner on 04.03.2019. It is further submitted that the

petitioner was arrested on 04.03.2019 and till date he is in

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

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prosecution is required to examine total 11 witnesses, however,

out of which only 1 has been examined till 08.09.2022. 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 third bail application filed under Section 439

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

Kumar S/o Mangatu Ram shall be released on bail in connection

with FIR No.36/2019 of Police Station Rawla, District Sri

Ganganagar provided he executes a personal bond in a sum of

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

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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.35

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