The High Court of Rajasthan at Jodhpur granted bail to the petitioner, who was arrested under the NDPS Act, by relying on a recent Supreme Court decision regarding trial delays.
Petitioner released on bail with a personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 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.
[2023/RJJD/016096]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous V Bail Application No. 5363/2023
Dharmendra Choudhary S/o Harphool Singh, Aged About 37 Years, H.No. 216, Gali No. 3, Bhup Colony, Jawaharnagar, Sri Ganganagar.
(Presently In JC In Dist. Jail, Sriganganagar).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Naman Mohnot For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
18/05/2023
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.VIII (IO) 01/NCB/ASZ/2017 of Police Station NCB Regional Unit, Ajmer for the offences punishable under Sections 8/18, 25 & 29 of NDPS Act. He has preferred this fifth bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the coaccused Om Prakash has already been enlarged on bail by a Coordinate bench of this Court and case of the petitioner is not distinguishable from him. Learned counsel for the petitioner has submitted that as per the prosecution story, 31.710 gms of opium was recovered at the instance of the petitioner. It is also submitted that the petitioner is in custody since 25.03.2017 and
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the prosecution is required to examine 10 prosecution witnesses, out of which, statements of only 07 witnesses have been recorded till date and trial of the case is likely to take time.
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.
Learned Public Prosecutor has opposed the bail application, but not in a position to dispute the fact that the co-accused Om Prakash, who is similarly situated accused has already been enlarged on bail.
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.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Dharmendra Choudhary S/o Harphool Singh shall be released on bail in connection with FIR No.VIII (IO) 01/NCB/ASZ/2017 of Police
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Station NCB Regional Unit, Ajmer 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.
(VIJAY BISHNOI),J
36-AjaySingh/-
2 issues framed by the court
Whether bail should be granted to the petitioner considering the delay in trial and the prevailing Supreme Court judgment in Mohd Muslim @ Hussain case.
Whether the delay in examining prosecution witnesses justifies releasing the accused on bail despite restrictions under Section 37 of the NDPS Act.
Colour shows how this judgement treated each authority
Mohd Muslim @ Hussain Vs. State (NCT of Delhi)Followed¶21
Mohd Muslim @ Hussain Vs. State (NCT of Delhi)
2 provisions across 2 enactments
Dharmendra Choudhary
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
