Allowed

Jetha Ram v. State of Rajasthan

Rajasthan HC18 May 2023CRLMB/3651/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the bail application of the petitioner arrested under the NDPS Act. Citing a recent Supreme Court decision on trial delays, the court granted bail with a personal bond and sureties.

What did the court decide?

Petitioner released on bail in connection with FIR No.61/2016 by executing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.

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

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[2023/RJJD/016060]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3651/2023

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Jetha Ram S/o Deram Ram, Aged About 37 Years, R/o Jhajhuwalo Ki Dhani, Village Allay, Police Station Sri Balaji, Dist. Nagaur. (At Present Lodged At Central Jail, Bikaner)

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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. R. K. Charan For Respondent(s) : Mr. Arun Kumar, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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18/05/2023

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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.61/2016 of Police Station Kotgate, District Bikaner for the offences punishable under Sections 8/20 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, 1.750 kgs of Charas was recovered at the instance of the petitioner. It is also submitted that the petitioner is in custody since 15.03.2016 and the prosecution is required to examine 15 prosecution witnesses, out of which, statements of only 13 witnesses have been recorded till date and last witness

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was examined on 28.09.2021 and trial of the case is likely to take time.

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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.

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Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Jetha Ram S/o Deram Ram shall be released on bail in connection with FIR No.61/2016 of Police Station Kotgate, District Bikaner 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

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and every date of hearing and whenever called upon to do so till

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the completion of the trial.

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(VIJAY BISHNOI),J

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19-Arun/-

Jetha Ram v. State of Rajasthan

Case brief

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Jetha Ram v. State of Rajasthan

Case brief

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