Allowed

Shivnath Sarkar v. State

Rajasthan HC12 Jun 2019CRLMB/6698/2019

Case brief

AI extract

What is this about?

The High Court allowed bail applications for two petitioners in custody for alleged NDPS offences. The court accepted arguments that the drug quantity recovered was below commercial limits and ordered their release on personal and surety bonds.

What did the court decide?

Accused petitioners released from judicial custody upon furnishing personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/- each.

Shivnath Sarkar Vs State — Narcotics (NDPS) | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 6697/2019

¶3

Amal Barman S/o Dhaneshwar, Aged About 30 Years, By Caste Hindu, Resident Of Falimari, P.s. Kotwali, District Koochbihar (West Bengal) (In Judicial Custody At Sub Jail Merta)

----Petitioner

Versus

State, Through Pp

----Respondent

Connected With

S.B. Criminal Miscellaneous Bail Application No. 6698/2019

¶10

Shivnath Sarkar S/o Mangal Chand Sarkar, Aged About 22 Years, Makfala,, P.s. Kotwali, District Koochbihar (West Bengal) (In Judicial Custody At Sub Jail Merta)

¶11

	----Petitioner Versus
State, Through Pp	----Respondent
For Petitioner(s)	: Mr.J.S.Choudhary, Sr.Advocate with Mr.Amardeep Lamba
For Respondent(s)	: Mr.A.R.Choudhary, P.P., assisted by Mr.Ravindra Khichi

¶12

HON'BLE MR. JUSTICE ABHAY CHATURVEDI (VACATION JUDGE)

¶13

Order

¶14

12/06/2019

¶15

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.24/2017, Police Station G.R.P. Merta Road, for the offence under Section 8/20 of N.D.P.S. Act.

¶16

Heard and considered the arguments advanced by the learned counsel for the petitioners and learned Public Prosecutor.

¶17

(2 of 2) [CRLMB-6697/2019]

¶18

Counsel for the petitioners submits that the 17 kg 200 grams were recovered from Amal Barman S/o Shri Dhaneshwar and 15 kg 500 grams were recovered from Shivnath Sarkar S/o Mangal Chand Sarkar. The quantity recovered contraband is below the commercial quantity and there is no case of the like nature pending or decided against the petitioners. Challan after investigation has been filed. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioners may be enlarged on bail.

¶19

Learned Public Prosecutor has opposed the bail application.

¶20

Having regard to the facts and circumstances of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.

¶21

Consequently, the bail application is allowed. It is ordered that the accused-petitioners, (1).Amal Barman S/o Dhaneshwar and (2). Shivnath Sarkar S/o Mangal Chand Sarkar arrested in connection with F.I.R. No.24/2017, Police Station G.R.P. Merta Road, shall be released on bail; provided they furnish a personal bond of Rs.50,000/- and two surety bonds 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.

¶22

(ABHAY CHATURVEDI (VACATION JUDGE))

¶23

S-101-102-Kshama Dixit/-

Shivnath Sarkar v. State

Case brief

What is this about?

What did the court decide?

Shivnath Sarkar v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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