This was a special bail application filed by Sukhdev Singh challenging his arrest under the NDPS Act. The High Court of Rajasthan rejected the bail plea, noting that multiple prosecution witnesses had been examined since the trial court's earlier rejection, making it inappropriate to grant bail under Section 439 Cr.P.C. at this stage.
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. 5168/2018
Sukhdev Singh S/o Kup Singh, By Caste Rawat, Aged 31 years, Resident Of Purani Fulad, P.S. Siriyari, Tehsil Marwar Junction, District Pali.
(At Present Lodged In District Jail, Pali)
----Petitioner
Versus
The State Of Rajasthan
----Respondent
For Petitioner : Mr. Kailash Khilery For Respondent : Mr. Pankaj Awasthi, Public Prosecutor
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
29/11/2018
Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record.
The petitioner has been arrested in FIR No.144/2017 of Police Station Siriyari, District Pali for the offence punishable under Section 8/15 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Having regard to the totality of the facts and circumstances of the case and particularly the fact that after rejection of bail application of the petitioner by the trial court on 17.01.2018, as many as several prosecution witnesses have been examined, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner.
(2 of 2) [CRLMB-5168/2018]
Accordingly, the bail application preferred by the petitioner
under Section 439 Cr.P.C. is rejected. However, the petitioner is free to file fresh bail application before the trial court.
(VIJAY BISHNOI),J
Abhishek Kumar S.No.23
1 issue framed by the court
Whether bail under Section 439 Cr.P.C. should be granted given that several prosecution witnesses have been examined after prior rejection?
2 provisions across 2 enactments
Sukhdev Singh S/o Kup Singh
The State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
