Allowed

Pehalwan Khan @ Pawana v. State of Rajasthan

Rajasthan HC4 Apr 2023CRLMB/756/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the accused-petitioner in a case involving offences under the NDPS Act. The order reasons that there is no direct connecting evidence linking the petitioner to the offence other than the statement of a co-accused.

What did the court decide?

Accused-petitioner released on bail by furnishing a personal bond of Rs. 1,00,000 with two sound and solvent sureties of Rs. 50,000 each.

Pehalwan Khan @ Pawana Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023/RJJD/008341]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 756/2023 Pehalwan Khan @ Pawana S/o Babu Khan, aged about 40 Years, R/o Bhat Kheda PS Chhoti Sadari Dist. Pratapgarh Raj. (At Present lodged in Dist. Jail Chittorgarh)

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----Petitioner

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Versus

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State of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Mangi Lal Vishnoi For Respondent(s) : Mr. Mahipal Bishnoi, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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04/04/2023

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The instant bail application has been filed on behalf of accused-petitioner Pehalwan Khan @ Pawana under Section 439 Cr.P.C. against the order the order impugned passed by learned Court below in connection with FIR No.108/2022 registered at Police Station Badi Sadri, District Chittorgarh for the offence(s) punishable under Sections 8/15, 8/29 of the NDPS Act.

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Learned counsel for the petitioner submits that accusedpetitioner has nothing to do with the alleged offence. Petitioner has falsely been implicated in the case based upon the statements of accused Kishan Puri. He further submits that co-accused Narendra has been enlarged on bail vide order dated 21.12.2022 passed by coordinate Bench of this Court in S.B. Criminal Misc. Bail Application No.16206/2022.

[2023/RJJD/008341]

[CRLMB-756/2023]

(2 of 2)

Learned Public Prosecutor has opposes the bail application and concedes that call details of the accused-petitioner shows his involvement in the case.

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Heard. Considering the arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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Having regard to the totality of the facts and circumstances of the case and also taking into consideration that there is no direct connecting evidence regarding involvement of the accusedpetitioner apart from the statement of the co-accused Kishan Puri. I deem it just and proper to grant bail to the accused-petitioner.

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Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Pehalwan Khan @ Pawana S/o Babu Khan shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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215-Dharmendra/-

Pehalwan Khan @ Pawana v. State of Rajasthan

Case brief

What is this about?

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Pehalwan Khan @ Pawana v. State of Rajasthan

Case brief

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