Rajasthan High Court - Jodhpur
Mohd. Kashid Ali vs State Of Rajasthan (2024:Rj-Jd:24423) on 28 May, 2024
Author: Madan Gopal Vyas
Bench: Madan Gopal Vyas
[2024:RJ-JD:24423]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6443/2024
1. Mohd. Kashid Ali S/o Sh Mohd. Gafar Ali, Aged About 37 Years,
R/o Pada Moja Baliya Daga, Police Thana Kaliyachak, Distt
Malda, West Bengal (Lodged In Central Jail Jodhpur)
2. Mohd. Sadimanik Sekh S/o Sh Multan, Aged About 51 Years,
R/o Imamjayagir Moja Daksinraypur J.l.n. 167, Majmapur,
Police Thana Kaliyachak, Zila Malda West Bengal. (Presently
Lodged In Central Jail . Jodhpur)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ranjeet Joshi
Mr. Kapil Bissa
For Respondent(s) : Mr. Sharwan Bishnoi, PP with Mr.
Avinash Godara
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
28/05/2024
The petitioners have been arrested in connection with FIR
No.237/2016 of Police Station - Pratap Nagar, District - Jodhpur
West for the offences punishable under Sections 8/18, 29 of NDPS
Act. They have preferred this second bail application under Section
439 Cr.P.C.
2) The first bail application was rejected on 14.10.2019 as not
pressed with liberty to file fresh bail application after recording the
statement of Investigating Officer.
3) Heard learned counsel for the parties. Perused the material
available on record.
4) Learned counsel for the petitioners has submitted that the
petitioners have falsely been implicated in this present case only
[2024:RJ-JD:24423] (2 of 3) [CRLMB-6443/2024]
on the basis of the statement given by the main accused during
investigation. It is further submitted that main accused Barkat
Shaikh has already been granted bail by this Court vide order
dated 10.07.2023. The accused-petitioners are in custody since
11.07.2016 and the trial of the case will take long time. Therefore,
the benefit of bail should be granted to the accused-petitioners.
5) Learned counsel for the petitioner has placed reliance on the
judgment rendered by the Hon'ble Supreme Court in Mohd
Muslim @ Hussain Vs. State (Nct of Delhi) reported in 2023
Cr.L.R.(SC) 440, wherein it is observed by the Hon'ble Supreme
Court that delay in trial can also be considered for releasing
person on bail despite the restrictions imposed under Section 37
of the NDPS Act.
6) Learned Public Prosecutor has vehemently opposed the bail
application.
7) Having regard to the totality of the facts and circumstances
of the case, without expressing any opinion on the merits and
demerits of the case, I deem it just and proper to grant bail to the
accused petitioners under Section 439 Cr.P.C.
8) Accordingly, the bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioners - (1) Mohd.
Kashid Ali S/o Sh Mohd. Gafar Ali (2) Mohd. Sadimanik
Sekh S/o Sh Multan shall be released on bail in connection with
FIR No.237/2016 of Police Station - Pratap Nagar, District -
Jodhpur West, provided they execute a personal bond in a sum of
Rs.1,00,000/- each with two sound and solvent sureties of
Rs.50,000/-, including one local surety, to the satisfaction of
learned trial court for their appearance before that court on each
[2024:RJ-JD:24423] (3 of 3) [CRLMB-6443/2024]
and every date of hearing and whenever called upon to do so till
the completion of the trial.
(MADAN GOPAL VYAS),J
319-neha/-
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