Allowed

Bhanwarlal v. State of Rajasthan

Rajasthan HC12 May 2023CRLMB/3522/2023

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C., the High Court of Rajasthan granted bail to the accused charged under Sections 8 and 21 of the NDPS Act for possession of heroin. The court relied on a recent Supreme Court judgment allowing bail despite NDPS restrictions due to trial delay, directing release upon execution of a personal bond with sureties.

What did the court decide?

Bail granted provided petitioner executes a personal bond of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each.

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

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[2023/RJJD/015018]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3522/2023

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Bhanwarlal S/o Shri Kishan, Aged About 65 Years, B/c Vishnoi R/o Shimla Ps Ladnu Dist. Nagaur Raj. (At Present Lodged In Sub Jail Ladnu)

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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. M. L. Bishnoi For Respondent(s) : Mohd. Javed Gauri, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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12/05/2023

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Heard learned counsel for the parties and also perused the material on record.

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The petitioner has been arrested in FIR No.18/2018 of Police Station Ladnu, District Nagaur for the offences punishable under Sections 8/21 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has submitted that as per the prosecution story, 755 gms of narcotic contraband heroin was recovered from the possession of the petitioner and he is in custody since 15.01.2018. It is submitted that the prosecution is required to examine nineteen witnesses, out of which, statements of only ten prosecution witnesses have been recorded till date and trial of the case is likely to take time.

(2 of 3)

[2023/RJJD/015018]

[CRLMB-3522/2023]

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. 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.

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Learned Public Prosecutor has opposed the bail application.

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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.

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Having regard to the totality of the facts and circumstances of the case, 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 Bhanwarlal S/o Shri Kishan shall be released on bail in connection with FIR No.18/2018 of Police Station Ladnu, 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

(3 of 3)

[2023/RJJD/015018]

[CRLMB-3522/2023]

of learned trial court for his appearance before that court on each

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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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20-Arun/-

Bhanwarlal v. State of Rajasthan

Case brief

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Bhanwarlal v. State of Rajasthan

Case brief

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