Sharwan Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 7319 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 11092/2023

Sharwan Kumar S/o Shri Hadmanaram, Aged About 26 Years, R/o Prithviraj Ka Bera, Surjada, P.S. Gajner, Dist. Bikaner (At Present Lodged In Central Jail, Bikaner)

----Petitioner Versus State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s) : Mr. Dinesh Vishnoi. For Respondent(s) : Mr. Vikram Sharma, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

18/09/2023

This second application for bail under Section 439 Cr.P.C. has

been filed by the petitioner who has been arrested in connection

with F.I.R. No.32/2020, registered at Police Station Muklawa,

District Sriganganagar, for offences under Sections 8/22, 25 & 29

of the NDPS Act.

The first bail application of the petitioner was dismissed by

this Court vide order dated 10.04.2023.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that as per

prosecution story, 1,250 Tramadol tablets, weighing 500 gram

were recovered from co-accused Omprakash. Learned counsel

submitted that co-accused Omprakash in his disclosure statement

under Section 27 of the Indian Evidence Act stated that he has

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procured the psychotropic substance from the present petitioner.

It is urged that the prosecution is required to examine 16

prosecution witnesses out of which statements of only 4 witnesses

have been recorded till date. As such the criminal trial has hardly

reached the half-way mark.

Learned counsel for the petitioner submitted that co-accused

Omprakash has already been enlarged on bail by a coordinate

Bench of this Court vide order dated 21.07.2023, in Criminal Misc.

Bail Application No.7312/2023.

The order dated 21.07.2023 passed by the coordinate Bench

of this Court is reproduced hereinbelow:-

"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.32/2020 of Police Station - Muklawa, District Ganganagar for the offences punishable under Sections 8/22, 25 and 29 of 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, 1250 tablets tramadol containing narcotic substance weighing 500 grams was recovered at the instance of the petitioner. It is also submitted that the petitioner is in custody since 15.03.2020 and the prosecution is required to examine 16 prosecution witnesses, out of which, statements of only 4 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 Muslim @ Hussain

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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 Omprakash S/o Sh. Bhikham Chand shall be released on bail in connection with FIR No.32/2020 of Police Station - Muklawa, District Ganganagar 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."

Learned counsel for the petitioner further submitted that the

case of present petitioner is not distinguishable from that of co-

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accused Omprakash, who has already been enlarged on bail. The

petitioner is in judicial custody since 16.07.2020 and the trial of

the case will take sufficiently long time, therefore, the benefit of

bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

However, he was not in a position to refute the fact that co-

accused has already been enlarged on bail by a coordinate Bench

of this Court.

Having considered the rival submissions, facts and

circumstances of the case, so also the fact that co-accused

persons have already been enlarged on bail on the ground of delay

in trial, without expressing any opinion on merits/demerits of the

case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the second bail application under Section 439

Cr.P.C. is allowed. It is ordered that the accused-petitioner

Sharwan Kumar S/o Shri Hadmanaram arrested in connection

with F.I.R. No.32/2020, registered at Police Station Muklawa,

District Sriganganagar, shall be released on bail, if not wanted in

any other case, provided he furnishes a personal bond of

Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the

satisfaction of learned trial court, for his appearance before that

court on each & every date of hearing and whenever called upon

to do so till completion of the trial.

(KULDEEP MATHUR),J 23-Prashant/-

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