Allowed

Poona Ram @ Pawan v. State of Rajasthan

Rajasthan HC16 Mar 2021CRLMB/3065/2021

Case brief

AI extract

What is this about?

This judgment allows the second bail application of Poona Ram @ Pawan charged with offences under the NDPS Act. The court ordered his release on bail with a personal bond and sureties, noting the lack of direct evidence connecting the applicant to the recovery and the lengthy period of custody, without deciding on the merits of the case.

What did the court decide?

Release of accused Poona Ram @ Pawan on bail with a personal bond of Rs. 50,000 and two local sureties of Rs. 25,000 each to appear before the trial court.

Poona Ram @ Pawan Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2021)

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[CRLMB-3065/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3065/2021

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Poona Ram @ Pawan S/o Babu Ram Bishnoi, Aged About 36 Years, R/o Bhinyasar Dhani, Police Station Bhojasar Dist. Jodhpur. (At Present Lodged In Sub Jail, Suratgarh).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. A.S. Rathore. For Respondent(s) : Mr. B.R. Vishnoi, PP

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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16/03/2021

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The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No.114/2020, Police Station Suratgarh, District Sriganganagar for the offences under Sections 8/15, 25, 29 of the NDPS Act.

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It is submitted by learned counsel for the applicant that the applicant has been implicated merely on the basis of statement of co-accused.

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Submissions have been made that there is no iota of evidence on record to connect the applicant with the contraband recovered from Gurmel Singh and Manjeet Singh.

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Further submissions have been made that the statement of Investigating Officer has been recorded as PW-1 and in the statement he has specifically indicated that in so far as Puna Ram

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[CRLMB-3065/2021]

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and Pawan Kumar are concerned, he did not collect any material to indicate that both are one and the same person.

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Further call details have been produced, which are not of the period when the recovery has taken place, inasmuch as, the same pertains to the period from 22.02.2020 to 27.02.2020 and the recovery has been made on 08.03.2020. There are no antecedent cases against the applicant.

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It is submitted that the trial court is likely to take considerable long time and the applicant is behind the bars for over 11 months now.

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Learned Public Prosecutor opposed the bail application.

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In the circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the opinion that the bail application filed by the applicant deserves to be accepted.

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Consequently, the second bail application is allowed. It is ordered that the accused-applicant – Poona Ram alias Pawan S/o Babu Ram Bishnoi arrested in connection with FIR No.114/2020, Police Station Suratgarh, District Sriganganagar, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two local sureties of Rs.25,000/- (Rupees Twenty Five Thousand Only) 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.

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(ARUN BHANSALI),J

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80-Rmathur/-

Poona Ram @ Pawan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Poona Ram @ Pawan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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