Allowed

Papu @ Mahipal v. State of Rajasthan

Rajasthan HC26 Oct 2021CRLMB/11387/2021

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner, an accused in an NDPS case under Section 439 Cr.P.C., noting his long custody, minimal prosecution evidence, and failure by the seizure officer to comply with Section 50(3) of the NDPS Act, deeming trial duration a factor favoring bail.

What did the court decide?

Petitioner released on bail on a personal bond of Rs.2,00,000/- and two sureties of Rs.1,00,000/- each.

Papu @ Mahipal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 11387/2021

¶3

Papu @ Mahipal S/o Ramlal, Aged About 39 Years, R/o Laxman Nagar P S Bhojasar, Dist. Jodhpur. (Presently Lodged At Central Jail, Bikaner)

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Pp

¶7

	----Respondent
For Petitioner(s)	: Mr. B.R. Godara
For Respondent(s)	: Mr. Shrawan Bishnoi,P.P.

¶8

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

¶9

Order

¶10

26/10/2021

¶11

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.21/2017, Police Station Panchu, District Bikaner, registered for the offences under Section 8/15, 29 of the NDPS Act.

¶12

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

¶13

Learned counsel for the petitioner stated that as per prosecution, 44 kgs poppy straw alleged to have been recovered from accused-petitioner which is below commercial quantity; accused-petitioner is behind the bars from last four years and nine months and only statement of one witness has been recorded

¶14

(2 of 3)

¶15

[CRLMB-11387/2021]

¶16

before learned trial Court; that provision of Section 50 Sub-clause (3) of the NDPS Act has not been strictly complied with by Seizure Officer as per the charge-sheet; that further trial will take sufficiently long time, therefore, benefit of bail may be granted to the accused-petitioner.

¶17

On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner and stated that 44 kgs poppy straw recovered from Truck and 173.950 kgs poppy straw recovered from Innova Car which belongs to the accusedpetitioner is commercial quantity. He further submitted that earlier five cases punishable under Section 8/15 of the NDPS Act have been registered against the accused-petitioner.

¶18

Having regard to the facts and circumstances of the case, particularly to the fact accused-petitioner is behind the bars from last four years and nine months and only statement of one witness has been recorded before learned trial Court and as per notice under Section 50 of the NDPS Act, provision of Section 50 Subclause (3) of the NDPS Act has not been strictly complied with by Seizure Officer; further trial will take sufficiently long time, 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.

¶19

Consequently, the bail application is allowed. It is ordered that the accused-petitioner-Papu @ Mahipal S/o Ramlal, arrested in connection with F.I.R. No.21/2017, Police Station Panchu, District Bikaner, shall be released on bail, if not wanted in any

¶20

(3 of 3) [CRLMB-11387/2021]

¶21

other case, provided he furnishes a personal bond of Rs.2,00,000/- (Rupees Two Lakhs) and two sureties of Rs.1,00,000/- (Rupees One Lakh) each to the satisfaction of the 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.

¶22

(DEVENDRA KACHHAWAHA),J

¶23

40-Bharti/-

Papu @ Mahipal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Papu @ Mahipal 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

Mahipal Singh Vs State of Rajasthan

Sanjay Singh Vs State

Kanhaiyalal Vs State

Son Singh @ Sohan Singh Vs State

Jaskaran Singh Vs the Narcotics Control Bureau, Jodhpur

Nirbhayaram Vs State of Rajasthan