Allowed

Rawalram @ Rahulram v. State of Rajasthan

Rajasthan HC12 May 2023CRLMB/3578/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted bail to Rawalram under Section 439 Cr.P.C. in an NDPS case involving opium seizure, relying on the Supreme Court's decision in Mohd Muslim to allow trial delay as a factor for bail despite statutory restrictions.

What did the court decide?

Petitioner released on bail in connection with FIR No.98/2015 on personal bond of Rs. 1,00,000/- with two sound and solvent sureties of Rs. 50,000/ each.

Rawalram @ Rahulram Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023/RJJD/015007]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3578/2023

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Rawalram @ Rahulram S/o Sh. Chainaram, Aged About 42 Years, B/c Vishnoi, R/o Vinayakpura Bhawad, P.s. Karwad Dist. Jodhpur. (Presently Lodged In Central Jail, Jodhpur).

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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. B. R. Godara 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.98/2015 of Police Station Dangiyawas, District Jodhpur for the offences punishable under Sections 8/18 and 29 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, 9 kgs 450 gms of narcotic contraband opium have been recovered by police from abandoned vehicle. The police arrested one Sharawan Kumar alleging that he was the owner of the vehicle, from which, the narcotic contraband was recovered. It is further submitted that on the basis of statements of Sharawan Kumar, the petitioner was made accused in the case. It is also submitted that the petitioner is in custody since

[2023/RJJD/015007]

[CRLMB-3578/2023]

(2 of 3)

14.12.2018 and the prosecution is required to examine thirty two prosecution witnesses, out of which, statements of only twenty five witnesses have been examined till date. It is also submitted that a Co-ordinate Bench of this Court has already enlarged coaccused person namely Sharwan Kumar vide order dated 23.07.2018. Learned counsel for the petitioner has submitted that looking to the custody period of the petitioner and taking into consideration of the fact that co-accused has already been enlarged on bail, the petitioner may also be granted bail.

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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. 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. 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.

(3 of 3)

[2023/RJJD/015007]

[CRLMB-3578/2023]

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 Rawalram @ Rahulram S/o Sh. Chainaram shall be released on bail in connection with FIR No.98/2015 of Police Station Dangiyawas, District Jodhpur 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.

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(VIJAY BISHNOI),J

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21-Arun/-

Rawalram @ Rahulram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rawalram @ Rahulram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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