Rajasthan High Court
Rajpal S/O Shri Jawanaram vs State Of Rajasthan ... on 19 October, 2023
Bench: Mahendar Kumar Goyal
[2023:RJ-JP:30607]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous III Bail Application No. 12009/2023
Rajpal S/o Shri Jawanaram, Aged About 28 Years, R/o Dabadiya,
Police Station Gacchipura, Tehsil Makrana, Distt. Nagour (Raj.).
(At Present At Sub Jail, Beawar, Ajmer).
----Accused-Petitioner
Versus
State Of Rajasthan, Through Pp
----Non-Petitioner
For Petitioner(s) : Mr. Amit Punia
For Respondent(s) : Mr. Riyasat Ali, PP
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order
19/10/2023
The present third bail application has been filed under
Section 439 Cr.P.C. The petitioner has been arrested in connection
with FIR No.259/2020 registered at Police Station Vijaynagar,
District Ajmer for the offence(s) under Section(s) 8/15 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (for
brevity, "the Act of 1985").
Learned counsel for the petitioner submits that he is in
custody since 28.08.2020 and out of total twenty prosecution
witnesses, only seven prosecution witnesses have been examined
so far. He further submits that co-accused Sewaram has been
extended benefit of bail by a co-ordinate Bench of this Court vide
order dated 29.08.2023. Relying upon the judgments of the
Hon'ble Supreme Court of India in the cases of Gopal Krishna
Patra @ Gopalrusma Vs. Union of India: Criminal Appeal
[2023:RJ-JP:30607] (2 of 4) [CRLMB-12009/2023]
No.1169/2022 decided on 05.08.2022 and Mohd. Muslim @
Hussain Vs. State (NCT of Delhi): 2023 R.J.R. (SC) 389, he
prays for grant of bail to the petitioner.
Per contra, learned Public Prosecutor opposed the prayer.
The first bail application filed by the petitioner was dismissed
as withdrawn by this Court vide order dated 04.11.2020.
Thereafter, the second bail application was dismissed by this Court
vide order dated 10.03.2021 after appreciating the rival
contentions made by the learned counsels for the respective
parties in the facts and circumstances of the case especially in
view of commercial quantity of contraband recovered from his
possession and on failure of the petitioner to satisfy the conditions
laid down under Section 37 of the Act of 1985. Now, the prayer
has been renewed on the ground of grant of bail to a similarly
situated co-accused and delay in trial.
So far as delay 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 of bail extended to an accused 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
[2023:RJ-JP:30607] (3 of 4) [CRLMB-12009/2023]
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.
Although, this Court is in respectful agreement with the law
laid down by the Hon'ble Supreme Court of India in the cases of
Gopal Krishna Patra @ Gopalrusma (supra) and Mohd.
Muslim @ Hussain (supra); but, in view of the fact that the
benefit of bail extended to an accused on account of long
incarceration by this Court has been cancelled by a three-Judges
Bench of the Hon'ble Supreme Court of India in view of provision
of Section 37, this Court does not deem it just and proper to
extend the petitioner benefit of bail on this count.
A perusal of the order dated 29.08.2023 passed by a co-
ordinate Bench of this Court extending the co-accused benefit of
bail on account of long incarceration does not reveal that the
judgment of the Hon'ble Supreme Court of India in case of
Narcotics Control Bureau (supra) was taken into consideration.
Therefore, on this count also, this Court is not inclined to extend
the petitioner the benefit of bail.
Accordingly, this third bail application is dismissed.
[2023:RJ-JP:30607] (4 of 4) [CRLMB-12009/2023]
However, looking to the length of the custody of the
petitioner, the learned trial Court is requested to expedite the trial
of the case and endeavour to complete it within a period of four
months from the date of communication of this order.
The Registrar (Judl.) is directed to intimate the Court
concerned accordingly.
(MAHENDAR KUMAR GOYAL),J
Sudha/43
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