The Rajasthan High Court disposed of a bail application under Section 439 Cr.P.C. The court enlarged the petitioners on bail without expressing an opinion on the merits, requiring them to furnish a bond and sureties.
Petitioners enlarged on bail by furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
----Petitioners
Versus
State Of Rajasthan, through Learned P.P.
----Respondent
For Petitioner(s) : Mr. Sanjay Khan on behalf of Mr. Tanveer Ahamad For Respondent(s) : Mr. G.S. Rathore, GA-cum-AAG with Mr. Tayyab Ali
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order
18/07/2023
This bail application has been filed under Section 439 of Cr.P.C. in connection with FIR No.106/2023 registered at Police Station Bhawani Mandi, District Jhalawar for the offences under Sections 8/18, 15 & 29 of NDPS Act.
Learned counsel for the petitioners submits that the alleged contraband has not been recovered from possession of the petitioners and they are behind the bars since 23.03.2023. Counsel further submits that as per rejection bail order, the petitioners have no criminal antecedents. Therefore, looking to the facts and circumstances of the case, the petitioners may kindly be released on bail.
[CRLMB-4831/2023]
(2 of 2)
Learned counsel appearing on behalf of the State has
opposed the bail application.
Heard. Perused the material available on record.
Considering the submissions made by learned counsel
for the petitioners and the facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to enlarge the petitioners on bail.
Accordingly, the bail application under Section 439 of Cr.P.C. is allowed and it is ordered that the petitioners- Sabir S/o Iqbal and Dinesh S/o Mohan Lal shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each (out of which one surety shall be the resident of Jhalawar District for petitioner No.1- Sabir) to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so.
(CHANDRA KUMAR SONGARA) J
Satyendra/78
1 issue framed by the court
Whether the petitioners confined in remand custody may be enlarged on bail under Section 439 Cr.P.C. in connection with offences under the NDPS Act.
2 provisions across 2 enactments
Sabir S/o Iqbal
Dinesh S/o Mohan Lal
State Of Rajasthan
Chandra Kumar Songara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
