The High Court allowed the bail application of the petitioner accused in an NDPS case, noting the contraband was below commercial quantity and a co-accused was released. Bail granted on personal bond with sureties.
Petitioner released on bail upon executing a 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 AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14932/2020
Bunty @ Shrawanram S/o Munnaram @ Khemraj Nain Vishnoi, Aged About 35 Years, R/o Tilwasani, Thana Bilara, Dist. Jodhpur. (Presently Lodged At District Jail, Chittorgarh)
----Petitioner
Versus
State, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Ram Niwas Bishnoi, on VC |
|---|---|
| For Respondent(s) | : Mr. Gaurav Singh, PP |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
04/01/2021
In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.
This Court perused the material available on record.
The petitioner has been arrested in connection with FIR No. 37/2010 of Police Station Mangalwad for the offences punishable under Sections 8/15 and 8/29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the contraband recovered in this case is below commercial quantity and the co-accused has already been granted bail by this Court. It is also contended that there is only one case punishable under NDPS case lodged against the present petitioner. It is also contended that charge-sheet has already been filed in this case.
(2 of 2)
[CRLMB-14932/2020]
Learned Public Prosecutor opposes the bail application on the ground that the petitioner himself was absconded for a long time.
This Court, looking into the fact the contraband recovered in this case is below commercial quantity and co-accused has already been released on bail, is inclined to allow the bail application of the present accused petitioner.
Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Bunty @ Shrawanram S/o Munnaram @ Khemraj Nain Vishnoi shall be released on bail in connection with FIR No. 37/2010 of Police Station Mangalwad 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.
(DR.PUSHPENDRA SINGH BHATI),J.
38-Sudheer/-
1 issue framed by the court
Whether bail should be granted to the accused who was an absconder in an NDPS case involving contraband below commercial quantity.
2 provisions across 2 enactments
Bunty @ Shrawanram S/o Munnaram @ Khemraj Nain Vishnoi
State
PUSSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
