Allowed

Roshan Lal v. State

Rajasthan HC30 Oct 2018CRLMB/10554/2018

Case brief

AI extract

What is this about?

This order grants bail to the petitioner, Roshan Lal, arrested under Sections 8/15 and 29 of the NDPS Act. The High Court allowed the application citing the prolonged trial duration and the fact that a co-accused was already released on bail by a coordinate bench. Bail was subject to a personal bond.

What did the court decide?

Release on bail pursuant to execution of a personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Roshan Lal Vs State — Narcotics (NDPS) | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

¶2

JODHPUR

¶3

S.B. Criminal Misc. Bail No. 10554/2018

¶4

Roshan Lal S/o Sh. Tulashi Ram, Aged About 32 Years, B/c Jat, R/o Lakha Ka Khera Ps- Kapasan Dist. Chitorgarh (Presently Lodged In Dist. Jail, Pali)

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner(s) : Mr. R.S. Gill For Respondent(s) : Mr. Arjun Singh, P.P.

¶10

HON'BLE MR. JUSTICE VIJAY BISHNOI

¶11

Order

¶12

30/10/2018

¶13

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

¶14

The petitioner has been arrested in connection with FIR No.266/2011 of Police Station Marwar Junction (Pali) for the offences punishable under Sections 8/15 and 29 N.D.P.S. Act. He has preferred this bail application under Section 439 Cr.P.C.

¶15

Learned counsel for the petitioner has submitted that the petitioner is facing trial since last more than seven years, however, the trial has not been concluded till date. It is also submitted that taking into consideration this aspect of the matter, coordinate Bench of this Court has already granted bail to coaccused Ghanshyam vide order dated 28.9.2018. It is also

¶16

(2 of 2)

¶17

[CRLMB-10554/2018]

¶18

submitted that the case of the petitioner is not distinguishable from that of co-accused.

¶19

Learned Public Prosecutor has opposed the bail application, however, he is not in position to dispute the fact that the coaccused Ghanshyam has already been enlarged on bail by this Court and the case of the present petitioner is not distinguishable from that of co-accused person.

¶20

Having regard to the totality of the facts and circumstances of the case, 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.

¶21

Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Roshan Lal S/o Sh. Tulshi Ram shall be released on bail in connection with FIR No.266/2011 of Police Station Marwar Junction, District Pali provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.

¶22

(VIJAY BISHNOI),J

¶23

Babulal/73

Roshan Lal v. State

Case brief

What is this about?

What did the court decide?

Roshan Lal v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Hadman Vs State

Motaram Vs State of Rajasthan

Bhagwan Singh Vs State of Rajasthan

Amit Godara Vs State of Rajasthan

Shyam Lal Vs State

Prema Ram Vs State of Rajasthan