Allowed

Mahendra v. State of Rajasthan

Rajasthan HC6 Aug 2024CRLMB/3095/2024

Case brief

AI extract

What is this about?

This High Court of Rajasthan allowed a third bail application filed under Section 439 CrPC. The court granted bail due to the petitioner's incarceration for over three years and the excruciatingly slow pace of the trial, noting only five of twenty-one witnesses had been examined.

What did the court decide?

Bail allowed on a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each to the satisfaction of the trial Court.

Mahendra Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JD:32676]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3095/2024

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Mahendra S/o Heera Ram, Aged About 23 Years, R/o Village Bherupura, Ps Chitawa,dist Nagaur, Raj. (Lodged In Dist Jail, Churu)

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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. Manohar Singh for Mr. B. Ray
	Bishnoi
For Respondent(s)	: Mr. SK Bhati,PP

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JUSTICE DINESH MEHTA

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Order

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06/08/2024

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This third application for bail has been filed by the applicant under section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’) in connection with FIR No.83/2021, registered at Police Station Sidhmukh, District Churu for the offences under sections 8/15, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’) wherein the charge-sheet has been filed for the offences under sections 8/15 and 29 of the NDPS Act.

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The first and second bail applications (being S.B. Criminal Miscellaneous Bail Application Nos. 13948/2021 and 9607/2022 respectively) filed on behalf of the applicant was dismissed, on 28.01.2022 and 11.01.2024 respectively.

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Informing that applicant is behind the bars since 22.07.2021, learned counsel for the applicant submitted that out of the list of

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21 witnesses, only 5 witnesses have been examined so far and in spite of the fact that the trial Court has summoned the witnesses by way of bailable warrant and then arrest warrant, they are not turning up before the Court for recording their testimony.

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Learned counsel submitted that the manner in which the trial Court is proceeding, infracts the applicant’s fundamental rights guaranteed under Article 21 of the Constitution of India and right of fair and speedy trial. 5. Learned Public Prosecutor vehemently opposed the bail application.

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Heard learned counsel for the applicant and learned Public Prosecutor. 7. Having regard to the facts and circumstances of the case and considering that for more than 3 years the applicant has remained behind the bars and trial is proceeding at excruciating slow pace as out of long list of 21 witnesses, only 5 witnesses have been examined so far, this Court is of the view that in light of the principles enunciated by Hon’ble the Supreme Court in the cases of Rabi Prakash Vs. The State of Odisha : Special Leave to Appeal(Crl.) No. 4169/2023 and Mohd. Muslim @ Hussain Vs. State (NCT of Delhi), reported in 2023 SCC Online SC 352., the applicant is entitled for grant of bail.

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Consequently, this third bail application filed under section 439 of the Cr.P.C. is allowed. The applicant - Mahendra S/o Heera Ram arrested in connection with FIR No.83/2021, registered at Police Station Sidhmukh, District Churu shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- and

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two sureties of Rs.50,000/- each to the satisfaction of the trial Court.

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