Allowed

Bhajan Lal v. State of Rajasthan

Rajasthan HC21 Apr 2023CRLMB/2030/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur allowed a bail application by an arrested petitioner facing NDPS charges. Citing a recent Supreme Court decision on trial delays, the court granted bail despite NDPS restrictive provisions, directing the release subject to a bond.

What did the court decide?

Petitioner released on bail via personal bond of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each.

Bhajan Lal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023/RJJD/011390]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous V Bail Application No. 2030/2023

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Bhajan Lal S/o Shri Ridmal Ram, Aged About 26 Years, R/o Vill. Bhairudi Tehasil Sedawa Dist. Barmer (At Present Lodged In Dist. Jail Barmer)

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----Petitioner

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Versus

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State Of Rajasthan, Through The PP

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----Respondent

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For Petitioner(s)	: Mr. Pradeep Shah, Mr. Ranjeet Singh
	Chouhan
For Respondent(s)	: Mr. B.R. Bishnoi, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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21/04/2023

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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The petitioner has been arrested in FIR No.292/2018 of Police Station Dorimana, Distirct Barmer for the offences punishable under Sections 8/15 NDPS Act. He has preferred this fifth bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has submitted that the earlier bail application of the petitioner was rejected on 05.02.2021. It is also submitted that the petitioner was arrested on 03.12.2018 and as per the prosecution story narcotic contraband poppy straw weighing around 180 Kg was recovered

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[2023/RJJD/011390]

[CRLMB-2030/2023]

from the petitioner. It is further submitted that as per the chargesheet filed by the Police, as many as 34 prosecution witnesses are required to be examined, however out of which, only 11 witnesses have been examined before the trial court till date.

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Learned counsel has placed reliance on the decision dated 28.03.2023 rendered by Hon’ble the Supreme Court in Mohd Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave Petition (Crl.) No(s).915 of 2023, wherein it is observed by the Hon’ble Supreme Court that delay in trial can also be considered for releasing accused person on bail despite the restrictions imposed under Section 37 of the NDPS Act and in the light of the judgment passed by the Hon’ble Supreme Court in Mohd Muslim @ Hussain’s case (supra), the petitioner is entitled to be enlarged on bail.

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Learned Public Prosecutor has opposed the bail application.

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Having heard the learned counsel for the parties and after going through the material available and in view of the judgment passed by the Hon’ble Supreme Court in Mohd Muslim @ Hussain’s case (supra), without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Bhajan Lal S/o Shri Ridmal Ram shall be released on bail in connection with FIR No.292/2018 of Police Station Dorimana, Distirct Barmer provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction

[2023/RJJD/011390]

[CRLMB-2030/2023]

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of 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.

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(VIJAY BISHNOI),J

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58-AjaySingh/-

Bhajan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhajan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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