This single-bench order grants bail to the petitioner in a narcotics case, holding that his case is not distinguishable from that of co-accused persons already released by the trial court.
Petitioner granted bail upon personal bond of Rs.50,000/- with two sureties of Rs.25,000/each 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. 2nd Bail Application No. 2641/2019
Panna Ram S/o Chhoga Ji, aged about 38 years, B/c Kalbi Choudhary, R/o Khera, Ramseen Police Station, Dist. Jalore. (Lodged in Sub Jail, Bhinmal)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner : Mr. Dhirendra Singh with Mr. Rajiv Bishnoi For Respondent : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order
08/07/2019
The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 25/2017, Police Station Ramseen, District Jalore for the offences under Sections 8/18 & 8/29 of N.D.P.S. Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
After rejection of the first bail application of the petitioner on 08.08.2018, the principal accused Shanker Lal who was arrested on the spot and the co-accused Jamna Lal have been enlarged on bail by the learned trial court vide Order dated 29.06.2019. The case of the present petitioner is not distinguishable from the case
(2 of 2) [CRLMB-2641/2019]
of the co-accused who have already been released on bail by the learned trial court.
The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused persons who have been enlarged on bail.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner is identical to coaccused aforesaid who have been enlarged on bail by the learned trial court, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 of Cr.P.C.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner Panna Ram s/o Chhoga arrested in connection with F.I.R. No. 25/2017, Police Station Ramseen, District Jalore shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/each to the satisfaction of the 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.
(VINIT KUMAR MATHUR),J
7-Inder/-
1 issue framed by the court
Whether the petitioner is entitled to bail given that the trial court has already granted bail to co-accused personnel involved in the same case.
2 provisions across 2 enactments
Panna Ram S/o Chhoga Ji
State of Rajasthan
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
