Held that bail should be granted to the petitioners under Section 439 Cr.P.C. as per guidelines in Mohd Muslim @ Hussain case, requiring release with bond regardless of restrictions under Section 37 NDPS Act.
Released on bail with personal bond ₹1,00,000/- plus sureties of ₹50,000/- each every date of hearing.
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[2023/RJJD/016503]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5377/2023
Pukhraj S/o Megha Ram, Aged About 22 Years, Siyawato Ki Dhani Vill., Chandrakh, Kherapa P.s., Dist. Jodhpur (Lodged In Sub Jail, Jaitaran)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 10798/2022
Someshwar Kumar @ Bunti S/o Ashok Kumar Sukhwal, Aged About 26 Years, Aajampura, P.s. Nimbahera Sadar, Dist. Chittorgarh. (At Present Lodged In Sub Jail, Jaitaran).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 755/2023 Mohan Ram S/o Shri Naina Ram, Aged About 35 Years, R/o Tejaniya Ki Dhaniya Chandrakh Kherapa Ps Dist. Jodhpur (Lodged In Sub Jail Jaitaran)
----Petitioner
Versus State Of Rajasthan, Through Pp For Petitioner(s) : Mr. Vijay Raj Bishnoi Mr. Abhishek Charan Mr. J. K. Haniya For Respondent(s) : Mr. B. R. Bishnoi, PP
----Respondent
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
[2023/RJJD/016503]
[CRLMB-5377/2023]
(2 of 3)
19/05/2023
Heard learned counsel for the parties and also perused the material on record.
The petitioners have been arrested in FIR No.71/2018 of Police Station Raipur, District Pali for the offences punishable under Section 8/15 of the NDPS Act. They have preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioners has submitted that as per the prosecution story, 238 Kgs of poppy husk were recovered in the matters. It is also submitted that the petitioners are in custody since 15.03.2018. It is further submitted that the prosecution is required to examine 28 prosecution witnesses, out of which, only 19 witnesses have been examined till date.
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. 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 @
(3 of 3)
[2023/RJJD/016503]
[CRLMB-5377/2023]
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 petitioners under Section 439 Cr.P.C. Accordingly, this third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners Pukhraj S/o Megha Ram, Someshwar Kumar @ Bunti S/o Ashok Kumar Sukhwal & Mohan Ram S/o Shri Naina Ram, shall be released on bail in connection with FIR No.71/2018 of Police Station Raipur, District Pali provided each of them 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
47-52 & 53 -Arun/-
2 issues framed by the court
Whether bail should be granted to petitioners accused of offences under Section 8/15 of the NDPS Act alleging delay in prosecution.
Whether the Supreme Court judgment in Mohd Muslim @ Hussain supports granting bail despite Section 37 restrictions of NDPS Act.
Colour shows how this judgement treated each authority
Mohd Muslim @ Hussain Vs. State (NCT of Delhi)Followed¶29
Mohd Muslim @ Hussain Vs. State (NCT of Delhi)
3 provisions across 2 enactments
Pukhraj S/o Megha Ram
Someshwar Kumar @ Bunti S/o Ashok Kumar Sukhwal
Mohan Ram S/o Shri Naina Ram
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
