Allowed

Jaswant Singh v. State of Rajasthan

Rajasthan HC12 May 2023CRLMB/3919/2023

Case brief

AI extract

What is this about?

Chief Justice Vijay Bishnoi allowed a second bail application filed by Jaswant Singh under Section 439 Cr.P.C. in an NDPS case, relying on a Supreme Court decision allowing bail due to trial delay despite statutory restrictions, directing release on personal bond with sureties.

What did the court decide?

Petitioner granted bail on personal bond of Rs.1,00,000/ with two sureties of Rs.50,000/ each before the trial court.

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

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[2023/RJJD/014961]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous II Bail Application No. 3919/2023

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Jaswant Singh S/o Shri Surjeet Singh, Aged About 44 Years, R/o Ward No. 3, Prem Nagar, Anoopgarh, Police Station Anoopgarh, District Sri Ganganagar. (At Present Lodged In Sub Jail, Anoopgarh)

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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. D. S. Thind For Respondent(s) : Mr. S. S. Rajpurohit, 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 petitioner as well as learned Public Prosecutor and also perused the material on record.

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The petitioner has been arrested in FIR No.202/2020 of Police Station Annopgarh, District Sri Ganganagar for the offences punishable under Sections 8/22 and 29 of NDPS Act. He has preferred this second 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, 740 tablets of narcotic contraband tramadol weighing around 296 gms. were recovered from one co-accused Dalveer Singh. It is also submitted that the petitioner is in custody since 09.12.2020 and the prosecution is required to examine 12 witnesses, out of which, statements of only 6 prosecution

[2023/RJJD/014961]

[CRLMB-3919/2023]

(2 of 3)

witnesses have been recorded till date and the 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 Jaswant Singh S/o Shri Surjeet Singh shall be released on bail in connection with FIR No.202/2020 of Police Station Annopgarh, District Sri Ganganagar 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

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[2023/RJJD/014961]

[CRLMB-3919/2023]

before that court on each and every date of hearing and whenever

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called upon to do so till the completion of the trial.

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(VIJAY BISHNOI),J

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35-AjaySingh/-

Jaswant Singh v. State of Rajasthan

Case brief

What is this about?

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Jaswant Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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