The Rajasthan High Court granted bail to Jaspal Singh @ Bittu in a narcotic drug case (Sections 8/21, 29 NDPS Act) filed under Section 439 Cr.P.C., directing release upon execution of a bond with sureties.
Petitioner released on bail on executing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the trial Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/010783]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4105/2023
Jaspal Singh @ Bittu S/o Sh. Surjeet Singh, Aged About 27 Years, W.no. 23, Lohiya Colony, Hanumangarh Town, Teh. And Dist. Hanumangarh. (Raj.). (At Present Lodged In Dist. Jail, Hanumangarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kuldeep Sharma For Respondent(s) : Mr. Mukhtiyar Khan, P.P.
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
19/04/2023
The petitioner has been arrested in connection with FIR No.635/2021 of Police Station Hanumangarh Town, District Hanumangarh for the offences punishable under Sections 8/21 and 29 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that recovered contraband is below commercial quantity. The accused-petitioner is in judicial custody since long and the trial of the case will take long time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.
Learned Public Prosecutor has vehemently opposed the bail application has submitted that accused petitioner is a habitual offender.
[2023/RJJD/010783]
[CRLMB-4105/2023]
(2 of 2)
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.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Jaspal Singh @ Bittu S/o Sh. Surjeet Singh shall be released on bail in connection with FIR No.635/2021 of Police Station Hanumangarh Town, District Hanumangarh 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.
(MADAN GOPAL VYAS),J
43-Bharti/-
1 issue framed by the court
Whether the accused petitioner in narcotic drug possession charges is entitled to bail under Section 439 Cr.P.C. considering the totality of facts and circumstances?
2 provisions across 2 enactments
Jaspal Singh @ Bittu S/o Sh. Surjeet Singh
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
