The High Court of Judicature for Rajasthan at Jodhpur considered a bail application under Section 439 Cr.P.C. for an accused charged with offences under the NDPS Act. The Court granted bail, directing the petitioner to execute a personal bond with sureties.
Petitioner granted bail on a personal bond of Rs. 50,000 with two sound and solvent sureties of Rs. 25,000 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 Miscellaneous Bail Application No. 11528/2019
Pawan Kumar S/o Rajendra, Aged About 25 Years, By Caste Kumhar, R/o Village Lalera Police Station, Mahajan, District Bikaner. (At Present Lodged In Central Jail Bikaner)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. NR Budania For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
20/09/2019
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.105/2019 of Police Station Mahajan, District Bikaner for the offences punishable under Sections 8/18 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that narcotic contraband opium alleged to have been recovered from the petitioner is 1.300 kilogram, 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
(2 of 2)
[CRLMB-11528/2019]
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 Section 439 Cr.P.C. is allowed and it is directed that petitioner Pawan Kumar S/o Rajendra shall be released on bail in connection with FIR No.105/2019 of Police Station Mahajan, District Bikaner 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/73-
2 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. for offences punishable under Sections 8 and 18 of the NDPS Act given the seizure of opium below commercial quantity.
Whether the totality of facts and circumstances warrants granting bail despite the opposition by the Public Prosecutor.
3 provisions across 2 enactments
Pawan Kumar S/o Rajendra
State
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
