Allowed

Sanjay Kumar @ Sethi v. State of Rajasthan

Rajasthan HC21 Apr 2023CRLMB/250/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted bail to the petitioner charged under the NDPS Act and Drugs and Cosmetic Act. Reliance was placed on a Supreme Court judgment recognizing that delay in trial justifies bail despite NDPS restrictions. The petitioner was to release on personal bond with sureties.

What did the court decide?

Petitioner released on bail via personal bond of Rs.1,00,000 with two sureties of Rs.50,000 each to be approved by learned trial court.

Sanjay Kumar @ Sethi Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023/RJJD/011386]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous III Bail Application No. 250/2023

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Sanjay Kumar @ Sethi S/o Shri Krishn Lal, Aged About 27 Years, R/o Ward No. 4 Village Ramsara Narayan, Police Station Hanumangarh Town, Tehsil And District Hanumangarh. (At Present Lodged At Sub Jail Raisinghnagar)

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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. Vinod Choudhary, Mr. Tej Singh Badgujar 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.334/2017 of Police Station Jaitsar, District Shriganganagar for the offences punishable under Sections 8/22, 29 of NDPS Act and 18(C), 27(B). (II) of Drugs and Cosmetic Act. He has preferred this third bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has submitted that earlier bail application of the petitioner was rejected on 10.07.2019 and as per the prosecution story, the petitioner has supplied narcotic contraband containing narcotic substance tramadol weighing around 2380 gms to co-accused Jaswant Kumar @ Sonu. Learned counsel has also submitted that the petitioner was arrested on

[CRLMB-250/2023]

[2023/RJJD/011386]

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08.08.2018 and as per the charge-sheet, the prosecution is required to produce 19 witnesses, however out of which, only 10 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 Sanjay Kumar @ Sethi S/o Shri Krishn Lal shall be released on bail in connection with FIR No.334/2017 of Police Station Jaitsar, District Shriganganagar 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 of learned trial court for his appearance

[2023/RJJD/011386]

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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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52-AjaySingh/-

Sanjay Kumar @ Sethi v. State of Rajasthan

Case brief

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Sanjay Kumar @ Sethi v. State of Rajasthan

Case brief

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