Allowed

Pokhar Chand v. State

Rajasthan HC10 Mar 2022CRLMB/1705/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur allowed the petitioner's second bail application under Section 439 Cr.P.C. in a narcotics case. The Court ordered release on bail conditioned upon furnishing a personal bond and sureties, without expressing an opinion on the merits of the case.

What did the court decide?

Release on bail with a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned trial court.

Pokhar Chand Vs State — Narcotics (NDPS) | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc. 2^nd Bail Application No. 1705/2022

¶3

Pokhar Chand S/o Mithu Lal Khatiq, Aged About 41 Years, R/o Chik Rada, P.S. Mandphiya, Dist. Chittorgarh. (At Present Lodged In Dist. Jail, Chittorgarh).

¶4

----Petitioner

¶5

Versus

¶6

State of Rajasthan through PP

¶7

For Petitioner(s)	:	Mr. R.K. Charan	----Respondent
For Respondent(s)	:	Mr. Arun Kumar,PP

¶8

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

¶9

Order

¶10

10/03/2022

¶11

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.14/2019, Police Station S.O.G., District Jaipur, registered for the offence punishable under Sections 8/20, 25 and 29 Act.

¶12

Heard and considered the arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

¶13

Learned counsel for the petitioner stated that at the time of rejection of first bail application (No.10802/2021) liberty was granted to file a fresh bail application after recording of the statement of the Seizure Officer, vide order dated 24.08.2021;

¶14

(2 of 3) [CRLMB-1705/2022]

¶15

thereafter, statement (dated 04.10.2021) of Seizure Officer, Abdul Rahman recorded before learned trial Court as PW.1; during crossexamination (available at page No. 15), PW.1 stated that it is true that weight of the recovered contraband was including leaves, seeds & flower buds of the cannabis plants and this fact was also narrated while submitting the application for registration of the FIR (available at page No.19 of the charge-sheet). Learned counsel for the petitioner relied upon the orders passed by coordinate Bench of this Court as well as this Court in case of Dharmendra Vs. State of Rajasthan (Bail Application No.947/2017 dated 26.04.2017), Bhagchand Vs. State of Rajasthan (Bail Application No.12894/2021 dated 04.10.2021), etc. Learned counsel for Court’s perusal has also supplied copies of the various orders passed in the similarly situated cases. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

¶16

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

¶17

Having regard to the facts and circumstances of the case, particularly looking to the statements of Seizure Officer and the facts that charge-sheet has been filed; 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 bail application filed by the petitioner deserves to be accepted.

¶18

(3 of 3)

¶19

[CRLMB-1705/2022]

¶20

Consequently, the second bail application is allowed. It is ordered that the petitioner, Pokhar Chand S/o Mithu Lal Khatiq, arrested in connection with F.I.R. No.14/2019, Police Station S.O.G., District Jaipur, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.

¶21

(DEVENDRA KACHHAWAHA),J

¶22

25-Rashi/-

Pokhar Chand v. State

Case brief

What is this about?

What did the court decide?

Pokhar Chand v. State

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

Ramchandra Vs State of Rajasthan

Tikam Singh Vs State

Lala Ram Vs State

Mahaveer Lal Vs State of Rajasthan

Sata Ram Vs State of Rajasthan

Ganesh Vs State