Allowed

Sukhvindra Singh @ Rana v. State of Rajasthan

Rajasthan HC13 Jul 2023CRLMB/4565/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur allowed a bail application filed under Section 439 Cr.P.C. by an accused charged under the NDPS Act. The Court granted bail relying on the Supreme Court judgment regarding the impact of trial delay and the restrictions under Section 37 of the NDPS Act, directing the petitioner to execute a bond.

What did the court decide?

Petitioner released on bail under Section 439 Cr.P.C. with a personal bond of Rs. 1,00,000/-. and two sureties of Rs.50,000/- each.

Sukhvindra Singh @ Rana Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023:RJ-JD:21282]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 4565/2023

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Sukhvindra Singh @ Rana S/o Gurucharan Singh, Aged About 50 Years, R/o 07 P.s., Ps Muklawa Dist. Sri Ganganagar (At Present Lodged In Sub Jail Raisinghnagar)

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----Petitioner

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Versus

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State Of Rajasthan, Through The P.p.

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----Respondent

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For Petitioner(s) : Mr. Rajendra Singh Charan For Respondent(s) : Mr. Laxman Solanki, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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13/07/2023

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No. 1/2019, Police Station Muklawa, District Sri Ganganagar for the offence under Section 8/22 and 8/29 of NDPS Act.

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Heard learned counsel for the parties. Perused the material available on record.

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Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is submitted that as per the prosecution story, the petitioner was apprehended while transporting 1520 Tramadol Hydrochloride Sustained Release Tablets IP 100 MG Tricare-SR illegally. It is further submitted that the accused-petitioner is behind the bars since 10.1.2019. It is further submitted that as per the FSL report, the total weight of

[2023:RJ-JD:21282]

[CRLMB-4565/2023]

(2 of 2)

the contraband is 509.2 grams. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.

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Learned counsel for the petitioner has placed reliance on the judgment rendered by the Hon’ble Supreme Court in Mohd Muslim @ Hussain Vs. State (Nct of Delhi) reported in 2023 Cr.L.R. (SC) 440, wherein it is observed by the Hon’ble Supreme Court that delay in trial can also be considered for releasing person on bail despite the restrictions imposed under Section 37 of the NDPS Act.

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Learned Public Prosecutor has vehemently opposed the prayer made by the learned counsel for the petitioner. 6) 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, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner – Sukhvindra

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Singh @ Rana S/o Gurucharan Singh shall be released on bail in connection with FIR No. 1/2019, Police Station Muklawa, 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/-, out of which one local surety 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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(MADAN GOPAL VYAS),J

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47-CPGoyal/-

Sukhvindra Singh @ Rana v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sukhvindra Singh @ Rana v. State of Rajasthan

Case brief

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What did the court decide?

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