Single judge High Court granted bail to petitioner arrested under NDPS Act, relying on Supreme Court's Mohd Muslim @ Hussain judgment regarding trial delay, directing release upon bond and sureties.
Petitioner released on bail on execution of personal bond of Rs.1,00,000 with two sureties of Rs.50,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/016424]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous III Bail Application No. 340/2023
Boota Singh S/o Sarjeet Singh, Aged About 41 Years, R/o Rampura Fool, Bhatinda, Punjab, Police Station Rampura City, District Bhatinda, Punjab. (Currently Lodged In Sub Jail Parbatsar Nagaur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Jaideep Singh Saluja For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
19/05/2023
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.286/2018 of Police Station Kuchaman City, District Nagaur for the offences punishable under Sections 8/15 and 8/25 of NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as per the prosecution story, 240 kgs was recovered at the instance of the petitioner. It is also submitted that the petitioner is in custody since 11.12.2018 and the prosecution is required to examine 13 prosecution witnesses, out of which, statements of only 7 witnesses have been recorded till date and trial of the case is likely to take time.
Learned counsel has placed reliance on the decision dated 28.03.2023 rendered by Hon’ble the Supreme Court in Mohd
[2023/RJJD/016424]
[CRLMB-340/2023]
(2 of 2)
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. Learned counsel for the petitioner has submitted that 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.
Learned Public Prosecutor has opposed the bail application.
Having heard the learned counsel for the parties, after going through the material available on record and in view of the judgment passed by 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.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Boota Singh S/o Sarjeet Singh shall be released on bail in connection with FIR No.286/2018 of Police Station Kuchaman City, District Nagaur 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 before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
18-AjaySingh/-
1 issue framed by the court
Whether delay in trial and invocation of supervening SC judgment warrants grant of bail despite restrictions under Section 37 NDPS Act.
Colour shows how this judgement treated each authority
Mohd Muslim @ Hussain Vs. State (NCT of Delhi)Referred¶16
Mohd Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave Petition (Crl.) No(s).915 of 2023
3 provisions across 2 enactments
Boota Singh S/o Sarjeet Singh
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
