Allowed

Ramlal v. State of Rajasthan

Rajasthan HC28 Jul 2022CRLMB/9951/2022

Case brief

AI extract

What is this about?

This judgment grants bail to the petitioner, Ramlal, who was arrested for possession of 10 grams of smack under the N.D.P.S. Act. The Single Judge held that the quantity was below commercial levels and accepted the bail application under Section 439 Cr.P.C., subject to a personal bond and two surety bonds.

What did the court decide?

Petitioner released on bail with a personal bond of Rs. 1,00,000 and two surety bonds of Rs. 50,000 each.

Ramlal Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S. B. Criminal Misc. Bail Application No. 9951/2022

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Ramlal S/o Shri Manglaram, aged about 58 years, R/o Godawas, Tehsil Pachpadra, Thana Kalyanpur, District Barmer Rajasthan. Presently 327, Rajeev Gandhi Colony, Thana Devnagar, District Jodhpur Commissionarate, Jodhpur.

¶4

(Presently lodged at District Jail, Pali)

----Petitioner

Versus

State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Shaitan Singh Khichar For Respondent(s) : Mr. A.R. Choudhary, P.P.

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HON'BLE MR. JUSTICE RAMESHWAR VYAS

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Order

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28/07/2022

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The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No. 264/2022 registered at Police Station Kotwali, Pali for the offences under Sections 8/21 & 29 of N.D.P.S. Act.

¶14

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

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Learned counsel for the petitioner submits that alleged recovery of 10 grams of smack from the possession of the petitioner is below commercial quantity. He, therefore, prays that the petitioner may be enlarged on bail.

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Learned Public Prosecutor has opposed the bail application.

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(2 of 2) [CRLMB-9951/2022]

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Having regard to the submissions made by learned counsel for the parties and material available on record, without commenting on merits of the case as also looking to the facts and circumstances of the case, this Court is of the opinion that bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted.

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Consequently, present bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner Ramlal S/o Manglaram arrested in connection with F.I.R. No. 264/2022 registered at Police Station Kotwali, Pali shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- with two surety bonds 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.

¶20

(RAMESHWAR VYAS),J

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114-Inder/-

Ramlal v. State of Rajasthan

Case brief

What is this about?

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Ramlal v. State of Rajasthan

Case brief

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