The High Court of Rajasthan at Jodhpur granted bail Shahrukh Khan under Section 439 Cr.P.C. in an NDPS case where 10.30g of smack was recovered below commercial quantity.
Petitioner released on bail via personal bond of Rs.50,000 and two sureties of Rs.25,000 each to the satisfaction of the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 11961/2018
Shahrukh Khan S/o Shri Aziz Khan, Aged About 24 Years, B/c Mev Musalman, R/o Kadari Chowk Dungla, Police Station, Dungla, Dist. Chittorgarh (At Present Lodged At Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. RK Charan For Respondent(s) : Mr. AS Rathore, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
01/12/2018
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.391/2018 of Police Station Kudi Bhagtasani, District Jodhpur for the offences punishable under Sections 8/21 NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the contraband smack alleged to have been recovered from the petitioner is 10.30gms, which is below commercial quantity.
Learned Public Prosecutor has opposed the bail application.
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.
(2 of 2)
[CRLMB-11961/2018]
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Shahrukh Khan S/o Shri Aziz Khan shall be released on bail in connection with FIR No.391/2018 of Police Station Kudi Bhagtasani, District Jodhpur 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.
(VIJAY BISHNOI),J
Surabhii/72
2 issues framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C. in a case involving offences under Sections 8/21 NDPS Act.
Whether the quantity of contraband recovered (10.30gms being below commercial quantity) is sufficient ground for granting bail.
2 provisions across 2 enactments
Shahrukh Khan S/o Shri Aziz Khan
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
