Allowed

Kushalsingh @ Karansingh v. State of Rajasthan

Rajasthan HC25 May 2023CRLMB/748/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted bail to the petitioner under Section 439 Cr.P.C. in a case involving Section 8/20 and 29 of the NDPS Act, relying on the Supreme Court's recent holding that delay in trial justifies bail despite restrictions under Section 37 of the NDPS Act.

What did the court decide?

Released on bail in connection with FIR No. 126/2020 provided he executes a personal bond of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/each.

Kushalsingh @ Karansingh Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

¶1

[2023/RJJD/017383]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 748/2022

¶4

Kushalsingh @ Karansingh S/o Sh. Maal Singh, Aged About 42 Years, Kusumbi, Tehsil Ladnu, Dist. Nagaur (Raj.). (Presently Lodged At Sub Jail, Didwana).

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Pp

¶8

----Respondent

¶9

For Petitioner(s) : None present For Respondent(s) : Mr. Arun Kumar, PP

¶10

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

25/05/2023

Heard.

The petitioner has been arrested in FIR No.126/2020 of Police Station Jaswantgarh, District Nagaur for the offences punishable under Sections 8/20 and 29 of the NDPS Act. He has preferred this third bail application under Section 439 Cr.P.C.

¶15

As per the prosecution story, the police has recovered 1.112 kgs of Ganja from the petitioner on 20.10.2020 and he was arrested on the very same day. It is noticed that the recovered narcotic contraband is above small quantity but less than commercial quantity. It is also noticed that the trial against the petitioner has not been concluded till date.

¶16

The Hon’ble Supreme Court in Mohd Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave Petition (Crl.) No(s).915 of 2023, decided on 28.03.2023 has held that delay in trial can also be considered for releasing accused person on bail

[2023/RJJD/017383]

[CRLMB-748/2022]

(2 of 2)

despite the restrictions imposed under Section 37 of the NDPS Act.

¶21

Learned Public Prosecutor has opposed the bail application.

¶22

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.

¶23

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Kushalsingh @ Karansingh S/o Sh. Maal Singh shall be released on bail in connection with FIR No. 126/2020 of Police Station Jaswantgarh, District Nagaur 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.

¶24

(VIJAY BISHNOI),J

¶25

7-Arun/-

Kushalsingh @ Karansingh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kushalsingh @ Karansingh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Boota Singh Vs State of Rajasthan

Jakir Hussain Vs State of Rajasthan

Mohan Ram Vs State of Rajasthan

Sandeep @ Dugi Vs State of Rajasthan

Mahendra Kumar Vs State of Rajasthan

Phool Chand Vs State of Rajasthan