Surendra S/O Shri Shamsher Singh vs State Of Rajasthan (2024:Rj-Jp:38795)
2024 Latest Caselaw 5793 Raj/2

Rajasthan High Court

Surendra S/O Shri Shamsher Singh vs State Of Rajasthan (2024:Rj-Jp:38795) on 12 September, 2024

Author: Mahendar Kumar Goyal

Bench: Mahendar Kumar Goyal

[2024:RJ-JP:38795]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

  S.B. Criminal Miscellaneous 3rd Bail Application No. 15101/2023

Surendra S/o Shri Shamsher Singh, Aged About 30 Years, R/o
Sarangpur,      Police      Station      Mandi        Aadampur,      District    Hisar
(Haryana)       (At   Present          Petitioner         Lodged     In    Sub    Jail
Bhawanimandi, District Jhalawar).
                                                             ----Accused-Petitioner
                                        Versus
1.       State Of Rajasthan, Through PP
                                                                          Respondent

2. Satyanarayan Malav S/o Shri Krishan, Sub Inspector, Police Station Bahawani Mandi, District Jhalawar.

----Complainant/Respondent

For Petitioner(s) : Ms. Namrata Sharma for Mr. Hari Shanker Gaur For Respondent(s) : Mr. Naresh Kumar Gupta, P.P.

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

12/09/2024 The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with FIR No.

0488/2019 registered at Police Station Bhawani Mandi District

Jhalawar for the offence(s) under Section(s) 8/15 and 8/29 of the

Narcotic Drug and Psychotropic Substances Act, 1985 (for brevity

"the Act of 1985).

It is contended by learned counsel for the petitioner that he

is in custody since 29.11.2019, other co-accused persons have

already been extended benefit of bail by different coordinate

Benches of this Court and prayed for his release on bail.

Learned Public Prosecutor has opposed the bail application.

[2024:RJ-JP:38795] (2 of 3) [CRLMB-15101/2023]

Heard. Considered.

The first bail application filed by the petitioner was dismissed

vide order dated 03.11.2020 after appreciating rival contentions of

the learned counsels for the respective parties on merit especially,

in view of the fact that the amount of contraband recovered from

his possession is of commercial quantity. Thereafter, the second

bail application was dismissed vide order dated 27.09.2023. This

Court is informed that out of total 13 prosecution witnesses, 12

witnesses have already been examined and only one prosecution

witness remains to be examined. In view thereof, it is apparent

that the trial of the case is at its fag end. A Full Bench of the

Hon'ble Supreme Court of India has, in the case of Narcotics

Control Bureau versus Mohit Aggarwal: Criminal Appeal

Nos.1001-1002 of 2022 arising out of Petitions for Special

Leave to Appeal (Crl.) No.6128-29 of 2021, while cancelling

the benefit of bail extended to the accused-respondent by this

Court, held that delay in trial is no ground to grant bail in view of

the provisions of Section 37 of the Act of 1985.

So far as grant of bail to other co-accused persons by the

coordinate Benches of this Court is concerned, a perusal of the

orders does not reflect that the Full Bench judgment of the

Hon'ble Supreme Court of India in the aforesaid case of Narcotics

Control Bureau (supra) was taken into consideration.

In the backdrop of aforesaid precedential law and the factual

background wherein, only one prosecution witness remains to be

examined; but, without expressing any opinion on the merits of

[2024:RJ-JP:38795] (3 of 3) [CRLMB-15101/2023]

the case, this Court does not deem it just and proper to extend

the petitioner benefit of bail.

The bail application is dismissed accordingly. Pending

application(s), if any, also stands disposed of.

However, looking to the length of incarceration of the

petitioner, learned trial Court is requested to expedite trial of the

case and endeavour to complete it within a period of three months

from the date of communication of this order.

The Registrar (Judl.) is directed to intimate the learned

jurisdictional Court accordingly.

(MAHENDAR KUMAR GOYAL),J

Manish/8

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