Allowed

Jagannath v. State of Rajasthan

Rajasthan HC13 Aug 2021CRLMB/6108/2021

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed a second bail application by Jagannath S/o Hiralal under Section 439 Cr.P.C. in an NDPS case. Relying on a recent order, the court granted bail without expressing opinions on merits, directing the petitioner to execute a personal bond and provide sureties.

What did the court decide?

Petitioner released on bail by furnishing a personal bond of Rs. 2,00,000 and two sureties of Rs. 1,00,000 each, if not wanted in any other case.

Jagannath Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc. Bail Application No. 6108/2021

¶3

(Second Bail)

¶4

Jagannath S/o Hiralal, aged about 39 Years, R/o Dhava, P.S. Vallabhnagar, District Udaipur. (At present lodged at Sub Jail Balotra).

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan through P.P.

¶8

----Respondent

¶9

For Petitioner(s) : Mr. R.K. Charan For Respondent(s) : Mr. S.K. Bhati, P.P.

¶10

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

¶11

Order

¶12

13/08/2021

¶13

The present second 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. 148/2019, Police Station Balotra, District Barmer, registered for the offences under Sections 8/18 & 25 of the NDPS Act.

¶14

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

¶15

Learned counsel for the petitioner stated that notice was given under Section 50 of the NDPS Act by the Seizure Officer, in that notice, it was not mentioned that if Gazetted Officer/Magistrate is not satisfied with the proceedings conducted by a seizure officer, he may discharge the accused, therefore, it is violation of Section 50 of the NDPS Act and the provision of Section 50 of the NDPS Act was not complied with in strict

¶16

(2 of 2)

¶17

[CRLMB-6108/2021]

¶18

manner. With this submission, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accusedpetitioner.

¶19

Per contra, learned Public Prosecutor has opposed the bail application but does not controvert the arguments advanced by the learned counsel for the petitioner.

¶20

Having regard to the facts and circumstances of the case, particularly to the order passed in S.B. Criminal Misc. Bail Application No.2852/2021 titled as “Bhagirath S/o Shri Bhuraram Vs. State of Rajasthan” decided on 12.07.2021; further investigation and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the second bail application filed by the petitioner deserves to be accepted.

¶21

Consequently, the second bail application is allowed. It is ordered that the accused-petitioner - Jagannath S/o Hiralal, arrested in connection with F.I.R. No. 148/2019, Police Station Balotra, District Barmer , shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.2,00,000/- (Rupees Two Lakhs) and two sound and solvent sureties of Rs.1,00,000/- (Rupess 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

13-/Akshay/-

Jagannath v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jagannath 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramkumar Vs State

Manish Prasad Vs State of Rajasthan

Dilip Kumar @ Daparam Vs State of Rajasthan

Mohd. Tufel Vs State of Rajasthan

Sher Mohammad @ Sheru Vs State of Rajasthan

Satpal @ Satveer Vs State of Rajasthan