Allowed

Mahendra Kumar v. State of Rajasthan

Rajasthan HC25 May 2023CRLMB/3658/2023

Case brief

AI extract

What is this about?

This judgment grants bail to the accused under Section 439 Cr.P.C. owing to the delay in trial and relying on the Supreme Court judgment in Mohd Muslim @ Hussain. The petitioner is directed to execute a personal bond of Rs. 1,00,000/- with two sureties.

What did the court decide?

Bail granted subject to execution of a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.

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

¶1

[2023/RJJD/017437]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 3658/2023

¶4

Mahendra Kumar S/o Khambha Ram, Aged About 22 Years, Fitkasni, Peepali Station, Kudi Bhagtasni, Jodhpur (Raj.). (At Present Incarcerated In Dist. Jail, Pali).

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Pp

¶8

----Respondent

¶9

For Petitioner(s) : Mr. Vinod Kumar For Respondent(s) : Mr. B.R. Bishnoi, P.P.

¶10

HON'BLE MR. JUSTICE VIJAY BISHNOI Order

¶11

25/05/2023

¶12

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

¶13

The petitioner has been arrested in FIR No.218/2018 of P.S. Raipur, Pali for the offences punishable under Sections 8/15 and 29 of NDPS Act, 1985. He has preferred this bail application under Section 439 Cr.P.C.

¶14

Learned counsel for the petitioner has submitted that as per the prosecution story, 166 kg of poppy straw was recovered at the instance of the petitioner. It is also submitted that the petitioner is in custody since 13.9.2018 and the prosecution is required to examine 6 prosecution witnesses, out of which, statements of only 15 witnesses have been recorded till date and trial of the case is likely to take time.

¶15

Learned counsel has placed reliance on the decision dated 28.03.2023 rendered by Hon’ble the Supreme Court in Mohd

[2023/RJJD/017437]

[CRLMB-3658/2023]

(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.

¶20

Learned Public Prosecutor has opposed the bail application.

¶21

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.

¶22

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Mahendra Kumar S/o Khambha Ram shall be released on bail in connection with FIR No.218/2018 of P.S. Raipur, Pali 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.

¶23

(VIJAY BISHNOI),J

¶24

33-Babulal/-

Mahendra Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahendra Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Boota Singh Vs State of Rajasthan

Jakir Hussain Vs State of Rajasthan

Mohan Ram Vs State of Rajasthan

Sandeep @ Dugi Vs State of Rajasthan

Kushalsingh @ Karansingh Vs State of Rajasthan

Phool Chand Vs State of Rajasthan