[Cites 7, Cited by 0]
Rajasthan High Court - Jodhpur
Mohammed Ispak vs State Of Rajasthan (2025:Rj-Jd:51845) on 1 December, 2025
Author: Sudesh Bansal
Bench: Sudesh Bansal
[2025:RJ-JD:51845]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13552/2025
Mohammed Ispak S/o Mousamdeen, Aged About 28 Years,
Resident Of Ward No. 39, Loharo Ka Mohalla, Churu Police
Stationkotwali, District Churu. (At Present Lodged In District Jail,
Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Kailash Khilery
Mr. Ravindra Singh
For Respondent(s) : Mr. Urja Ram Kalbi, PP
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
01/12/2025
1. Instant bail application has been filed by petitioner under
Section 483 of BNSS in connection with FIR No. 190/2023
registered at Police Station-Sadar Bhilwara, District- Bhilwara for
offence under Sections 8/15 & 29 of NDPS Act and Section 482 of
IPC.
2. Heard counsel for petitioner as well as learned Public
Prosecutor and perused the material available on record.
3. It has been pointed out by counsel appearing on behalf of
accused-petitioner that petitioner is a cardiac patient and
presently hospitalized in the Department of Cardiology at SMS
Hospital, Jaipur since about one month, previously he was
released on interim bail by this Court vide order dated
09.10.2024, for a period of 30 days to undergo angiography, etc.
(Uploaded on 02/12/2025 at 12:42:01 PM)
[2025:RJ-JD:51845] (2 of 3) [CRLMB-13552/2025]
and he has not misused the liberty of interim bail; petitioner is in
custody since 18.07.2023, it means more than two years and five
months, yet trial has not been concluded so far on account of non-
appearance of prosecution witnesses and only two prosecution
witnesses have been examined, hence, in such totality of facts and
circumstances, in order to protect the right of petitioner for
speedy trial and life and liberty of petitioner, enshrined under
Article 21 of the Constitution of India, petitioner be granted
benefit of bail.
4. In support of his submission, counsel for the petitioner has
relied upon and referred judgments of Hon'ble Supreme Court in
case of Mohd. Muslim Alias Hussain Vs. State (NCT of Delhi)
[(2023) 18 SCC 166], Hardik Harsadbhai Parmar v. Sate of
Gujarat [2025 Supreme (Online) (SC) 11156] and the Order
dated 13.08.2025 passed by the Hon'ble Supreme Court in case of
Rambabu v. State of Rajasthan: Special Leave to Appeal
(Criminal) No. 5648/2025.
Counsel for the petitioner further placed reliance on the
judgment of the Hon'ble Supreme Court in the case of Balwinder
Singh Vs. State of Punjab & Anr. (Special Leave to Appeal
(Crl.) No. 8523/2024), in which, while granting bail it has been
observed as under:-
"9. The incident in the present case occurred on
25.06.2020 and the petitioner was arrested soon thereafter
on 26.06.2020. By now, 6 co-accused have been granted
bail. As the prosecution wishes to examine 17 witnesses,
the trial is unlikely to conclude on a near date.
10. Considering the above and to avoid the situation of the
trial process itself being the punishment particularly when
there is presumption of innocence under the Indian
jurisprudence, we deem it appropriate to grant bail to the
petitioner-Balwinder Singh, it is ordered accordingly.
Appropriate bail conditions be imposed by the learned trial
court."
(Uploaded on 02/12/2025 at 12:42:01 PM)
[2025:RJ-JD:51845] (3 of 3) [CRLMB-13552/2025]
5. Learned Public Prosecutor has opposed the bail application.
6. Having considered the physical ailment of petitioner and in
view of the period of incarceration of petitioner since more than 2
years in the present FIR, and the fact that progress of trial in the
present criminal case has not progressed, due to which
fundamental right of life and liberty of petitioner, enshrined under
Article 21 of the Constitution of India, is being infringed; taking
guidance from the judgments and order of Hon'ble Supreme Court
as referred hereinabove, but without commenting on merits and
demerits of the case, this Court deems it just and proper to
release the petitioner on bail.
7. Accordingly, the bail application is allowed and it is ordered that
the accused-petitioner-Mohammed Ispak S/o Mousamdeen
shall be released on bail provided he furnishes a personal bond in the
sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for his appearance before the
court concerned on all the dates of hearing as and when called upon
to do so.
8. However, it is hereby directed that the petitioner shall
cooperate in the trial. In case, trial Court finds that petitioner is
not cooperating with the conclusion of the trial, same shall be the
reason for the trial Court to cancel the bail, granted by this Court.
(SUDESH BANSAL),J
RONAK JAIMAN/82
(Uploaded on 02/12/2025 at 12:42:01 PM)
Powered by TCPDF (www.tcpdf.org)
