Allowed

Gurdas Singh v. State of Rajasthan

Rajasthan HC10 Aug 2020CRLMB/4868/2020

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed a bail application filed under Section 439 Cr.P.C. for an accused in a NDPS case. Holding that the recovered contraband was below commercial quantity and a challan was filed, the Court ordered release on a personal bond and sureties without expressing an opinion on the merits of the case.

What did the court decide?

Petitioner released on personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to satisfy the trial court.

Gurdas Singh Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 4868/2020

¶3

Gurdas Singh S/o Shri Gurmail Singh, Aged About 28 Years, B/c Ramgadiya, R/o Banwali, Lalgarh Jattan Police Station, Tehsil Sadulshahar, Distt. Sri Ganganagar. (Lodged In Central Jail, Sri Ganganagar).

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Pp

¶7

----Respondent

¶8

For Petitioner(s) : Mr. Sunil Bishnoi For Respondent(s) : Mr. Mukhtiar Khan, PP

¶9

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

¶10

Judgment / Order

¶11

10/08/2020

¶12

In wake of onslaught of COVID-19, as an abundant caution, hearing of the cases shall be through video conferencing and personal apearance.

¶13

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.38/2020, Police Station Lalgarh Jattan, District Sri Ganganagar, registered for the offence under Section 8/21 of NDPS Act.

¶14

Learned counsel for the petitioner stating that recovered contraband is below commercial quantity and challan has been filed. Petitioner is in judicial custody since five and half months and trial of the case will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

¶15

(2 of 2)

¶16

[CRLMB-4868/2020]

¶17

Learned Public Prosecutor stated that five another cases are pending against the accused-petitioner, therefore, it would be proper to call for the case diary.

¶18

In reply, learned counsel for the petitioner stated that admittedly, five cases of NDPS Act are pending against the petitioner but he not previously convicted in any case.

¶19

Heard and considered the arguments advanced by the learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

¶20

Having regard to the facts and circumstances of the case, since, recovered contraband is below commercial quantity and challan has been filed, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

¶21

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Gurdas Singh S/o Shri Gurmail Singh, arrested in connection with F.I.R. No.38/2020, Police Station Lalgarh Jattan, District Sri Ganganagar, shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- and two sound and solvent sureties of Rs.50,000/- 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

(DEVENDRA KACHHAWAHA),J

¶23

6-amit/-

Gurdas Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gurdas Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Durgesh Kumar Vs State

Om Prakash Vs UOI

Raju @ Raju Ram Vs State of Rajasthan

Ram Swaroop Vs State

Shyam Lal Vs State of Rajasthan

Ramswaroop @ Radheyshyam Vs State