Allowed

Poonamchand @ Poonaram v. State of Rajasthan

Rajasthan HC11 Jan 2021CRLMB/188/2021

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 439 Cr.P.C. by an accused arrested for NDPS Act offences punishable under Sections 8/15 and 29, considering the quantity involved as below commercial level and lack of prior criminal antecedents.

What did the court decide?

Petitioner released on bail pending trial on personal bond of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/ each.

Poonamchand @ Poonaram Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 188/2021

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Poonamchand @ Poonaram S/o Joraram, Aged About 26 Years, r/o Irao Ki Dhaniya, Nandiya Prabhawati, Police Thana Bhopalgarh, District Jodhpur. (At Present Lodged In Central Jail, Jodhpur).

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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For Petitioner(s)	----Respondent : Mr. Ramniwas
For Respondent(s)	: Mr. Anda Ram Choudhary PP for the State.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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11/01/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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This Court perused the material available on record.

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The petitioner has been arrested in connection with FIR No.88/2020 of Police Station Mathaniya, District Jodhpur for the offences punishable under Sections 8/15 and 29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner makes a categorical submission at Bar that the contraband in question is below commercial quantity and there are no previous criminal

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(2 of 2)

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[CRLMB-188/2021]

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antecedents of the present petitioner pertaining to the offence under the NDPS Act.

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Learned Public Prosecutor though opposes the bail application, but is not in a position to refute the aforesaid factual matrix.

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Having regard to the totality of the facts and circumstances of the case as also the fact that the contraband in question is below commercial quantity and there are no previous criminal antecedents of the present petitioner pertaining to the offence under the NDPS Act and conclusion of the proceedings is likely to take some time, but 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.

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Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Poonamchand @ Poonaram S/o Joraram shall be released on bail in connection with FIR No.88/2020 of Police Station Mathaniya, District Jodhpur 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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(DR.PUSHPENDRA SINGH BHATI),J.

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38-SKant/-

Poonamchand @ Poonaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Poonamchand @ Poonaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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