Allowed

Manohar Lal v. State

Rajasthan HC25 Oct 2018CRLMB/9345/2018

Case brief

AI extract

What is this about?

The Court allowed a third bail application filed under Section 439 Cr.P.C. The petitioner, charged under the NDPS Act and IPC, was granted bail without expressing an opinion on the merits, noting his prolonged custody and the fact that the co-accused had been released.

What did the court decide?

Petitioner released on bail on personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each, subject to appearance stipulations.

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

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail No. 9345/2018

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Manohar Lal S/o Sh. Kishnaram, Aged About 26 Years, B/c Vishnoi, Niwasi Andaniyon Ki Dhani, Ranasar Khurd, Gudamalani, Distt. Barmer (Raj) (Lodged In Distt. Jail Jalore)

----Petitioner

Versus

State, Through PP

----Respondent For Petitioner(s) : Mr. M.L. Bishnoi. For Respondent(s) : Mr. Ashok Upadhyay, Public Prosecutor.

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HON'BLE MR. JUSTICE P.K. LOHRA

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Order

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25/10/2018

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Accused-petitioner has laid this third bail application under Section 439 Cr.P.C. arising out of FIR No.109/2016, registered at Police Station Saila, District Jalore, for offence under Sections 8/15, 8/29 of the NDPS Act, Sections 353 & 332 IPC and Section 3 of the PDPP Act.

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On behalf of petitioner, first bail application was rejected on 04.08.2017 followed by rejection of second bail application on 18.01.2018.

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Pressing this third bail application, it is submitted by learned counsel that petitioner is implicated in the matter only on the basis of statement of co-accused Tikmaram @ Tikuram and no recovery from his conscious possession was made. It is further submitted by learned counsel that co-accused Tikmaram @ Tikuram has already been enlarged on bail by the Coordinate

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(2 of 2)

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[CRLMB-9345/2018]

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Bench on 23.03.2017 while deciding S.B. Criminal Misc. Bail No.1062/2017. Learned counsel has also argued that case of petitioner is not distinguishable from case of the co-accused. Lastly, learned counsel has submitted that petitioner was also involved in some other case but in that case also, he has been enlarged on bail. With these submissions, learned counsel has urged that considering the fact that petitioner is in custody for last more than one and a half year, indulgence may be granted by enlarging him on bail.

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Per contra, learned Public Prosecutor has opposed this third bail application of petitioner.

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I have bestowed my consideration to the arguments advanced at bar.

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Having regard to the facts and circumstances of the case, without expressing any opinion on merits, I feel persuaded to accept this third bail application.

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Accordingly, this third bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Manohar Lal S/o Sh. Kishnaram, arrested in connection with F.I.R. No.109/2016 of Police Station Saila, District Jalore, may be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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Twinkle Singh/111

Manohar Lal v. State

Case brief

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Manohar Lal v. State

Case brief

What is this about?

What did the court decide?

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