Allowed

Ramchandra v. C.B.N. Udaipur

Rajasthan HC26 Aug 2019CRLMB/6705/2019

Case brief

AI extract

What is this about?

In an S.B. Criminal Miscellaneous Bail Application under Section 439 Cr.P.C., the High Court of Rajasthan granted bail to the petitioner invoking parity with a co-accused, incurring proceedings for offences under the NDPS Act where the trial was delayed.

What did the court decide?

The petitioner is released on bail by executing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Ramchandra Vs C.B.N. Udaipur — Narcotics (NDPS) | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 6705/2019

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Ramchandra S/o Devlal, Aged About 46 Years, B/c Brahmin Sharma, R/o Dhanora, Tehsil Bengu, Police Thana Bengu, Dist. Chittorgarh. (Presently Lodged At Central Jail, Jodhpur)

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----Petitioner

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Versus

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C.b.n. Udaipur, Udaipur.

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----Respondent

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For Petitioner(s) : Mr. M.P.. Bishnoi For Respondent(s) : Mr. N.K. Rai, Spl. P.P. for CBN

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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26/08/2019

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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The petitioner has been arrested in connection with FIR No.01/2014 of Police Station Central Narcotics Bureau, Udaipur for the offences punishable under Sections 8/18(b), 8/29 and 8/25 NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has submitted that the petitioner is in jail from last 5 years and 5 months and trial against him is still going on. It is argued that vide order dated 8.8.2019, a Coordinate Bench of this Court while taking into consideration delay in trial in the matter and after hearing objections raised by the Special Public Prosecutor for CBN granted

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(2 of 2)

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[CRLMB-6705/2019]

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bail to the co-accused Sharvan. Learned counsel for the petitioner has submitted that on the ground of parity, the petitioner is also entitled to be enlarged on bail.

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Learned Special Public Prosecutor for CBN has vehemently opposed the bail application.

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Having regard to the totality of the facts and circumstances of the case and having gone through the order dated 8.8.23019 passed by Coordinate Bench of this Court while granting bail to the co-accused Shrawan, on the ground of parity, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Ramchandra S/o Devlal shall be released on bail in connection with FIR No.01/2014 of Police Station Central Narcotics Bureau, Udaipur 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.

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(VIJAY BISHNOI),J

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3-Babulal/-

Ramchandra v. C.B.N. Udaipur

Case brief

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Ramchandra v. C.B.N. Udaipur

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