This second bail application under Section 439 CrPC was dismissed. The bench observed that expedited trial was required as four witness statements were already recorded and no observation was made to avoid affecting the trial.
The second bail application is dismissed at this stage.
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 IInd Bail Application No. 2198/2021
Bhajan Lal S/o Shrichand, Aged About 60 Years, R/o Vill. Bharav Bharawanda Tehsil Sikray Ps Sikandara Dist. Dausa Raj. (At Present Petitioner Lodged In Sub Jail Bandikui Dist. Dausa)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Nawal Singh Sikarwar For Respondent(s) : Mr. Sher Singh Mehla, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
17/03/2021
This second bail application has been filed under Section 439 CrPC in connection with FIR No.77/2020 registered at Police Station- Sikandara, Dist. Dausa for the offences under Section 447 IPC & Section 8/18 of the Narcotics Drugs & Psychotropic Substances Act.
Learned counsel for the petitioner submits that there is changed circumstances. The statements of the Patwari have already been recorded. The petitioner has been arrested for possession of the opium crop and trial is likely to take time. Learned counsel submits that the petitioner’s offence would come under Section 18(c) and therefore, the bar of commercial quantity would not come in favour.
I have considered the submissions.
(2 of 2) [CRLMB-2198/2021]
Since the trial is on the way, no observation in relation to the
aforesaid aspects requires to be made as it would affect the trial.
Taking into consideration that four statements have already been recorded, it is observed that trial be expedited.
The second bail application is accordingly dismissed at this stage.
(SANJEEV PRAKASH SHARMA),J
NITIN/9
1 issue framed by the court
Whether the changed circumstances justify granting bail in a second bail application.
3 provisions across 3 enactments
BHANAN LAL
STATE OF RAJASTHAN
SANJEEV PRAKASH SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
