The High Court of Rajasthan at Jodhpur allowed a bail application filed by the accused charged under the NDPS Act and Arms Act, observing that the recovered quantity was below commercial quantity and releasing him on a personal bond with sureties.
Bail granted on execution of a personal bond of Rs.1,00,000/ with two sureties of Rs.50,000/- each.
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. 3795 / 2018
Chandra Prakash S/o Manohar Lal Vishnoi, R/o Chenaniyon Ki Dhani, Lakheta, P.S. Matoda, Tehsil Osian, District Jodhpur (At Present Lodged in Sub Jail Gulabpura)
----Petitioner
Versus
----Respondent
For Petitioner(s) : Mr. Gokulesh Bohra For Respondent(s) : Mr. AS Rathore, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
27/04/2018
The petitioner has been arrested in connection with FIR No.91/2018 of Police Station Gulabpura, Distt. Bhilwara for the offences punishable under Sections 8/15 of NDPS Act and Section 3/25 of Arms Act. He has preferred this bail application under Section 439 Cr.P.C.
Counsel for the petitioner submits that the recovered contraband from the petitioner is below the commercial quantity. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time for disposal. Therefore, the benefit of bail should be granted to the petitioner.
Learned Public Prosecutor has opposed the bail application.
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
Having regard to the totality of the facts and circumstances
(2 of 2)
[CRLMB-3795/2018]
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.
Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Chandra Prakash S/o Manohar Lal Vishnoi, shall be released on bail in connection with FIR No.91/2018 of Police Station Gulabpura, Distt. Bhilwara provided he executes a personal bond in a sum of Rs.1,00,000/with two sound and solvent sureties of Rs.50,000/- 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.
(MANOJ KUMAR GARG) J.
amit/27
1 issue framed by the court
Whether bail should be granted to the accused in the present case given that the recovered contraband is below commercial quantity and the trial duration may be lengthy?
3 provisions across 3 enactments
Chandra Prakash S/o Manohar Lal Vishnoi
State
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
