High Court allowed bail applications of three accused facing NDPS charges. Court held read quantity was below commercial limits and grant of bail is necessary despite pending other cases.
Petitioners released on bail on personal bond of Rs. 50,000 with two 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 BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 1889/2020
Mohammad Salman S/o Liyakat Ali Aged About 22 Years, R/o House No A-594 Shaheed Indra Jyoti Nagar Bhatta Basti Jaipur Presently R/o House No A-248 Udhyog Nagar Jhotwara Jaipur (At Present Confined In Central Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 1890/2020
Mohammad Kalim S/o Shri Mohammad Aladdin Khan R/o Bada Mohalla Lalsot Dist. Dausa At Present Tenant House No 108 Shrinarayanpuri Jhotwara Jaipur (At Present Accused Confined In Central Jail Jaipur)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhanu Prakash Sharma (through VC) For Respondent(s) : Mr. Ganesh Saini, PP
(2 of 3)
[CRLMB-1889/2020]
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
08/05/2020
and submitted that four other cases are pending against the accused-petitioners under Section 379 IPC.
(3 of 3) [CRLMB-1889/2020]
(MANOJ KUMAR VYAS),J
sunita/8-9
3 issues framed by the court
Whether bail is maintainable for accused charged under NDPS Act where recovery is below commercial quantity.
Whether pending cases under Section 379 IPC make grant of bail inapposite.
Whether accused can be released on personal bond with sureties under Section 439 Cr.P.C.
2 provisions across 2 enactments
Mohammad Salman
Bundu Khan
Mohammad Kalim
State Of Rajasthan
Manoj Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
