Allowed

Jorawar Singh Malawat S/O Kamlesh Malawat v. State of Rajasthan

Rajasthan HC4 Mar 2024CRLMB/36/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted bail to the petitioner charged under Section 8/20 of the NDPS Act, 1985. The court held that since the recovered quantity was below commercial limits, Section 37 restrictions did not apply, and bail was allowed under Section 439 Cr.P.C.

What did the court decide?

Petitioner released on bail on personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each.

Jorawar Singh Malawat S/O Kamlesh Malawat Vs State of… — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:10932]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 36/2024

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Jorawar Singh Malawat S/o Kamlesh Malawat, Aged About 25 Years, R/o Sansi Basti, Near Government Hospital, Diggi, Police Station Diggi Nukkad, District Tonk. Presently Opp. Krishna Senior Secondary School, Vinayak Vihar Colony, Ajayrajpura Road, Kalwada, Police Station Sej, District Jaipur West. (At Present Confined In Central Jail, Jaipur).

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----Petitioner

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Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Umesh Dixit For Respondent(s) : Mr. Prashant Sharma, PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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04/03/2024

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This bail application under Section 439 Cr.P.C. has been filed by the petitioner in connection with FIR No.159 registered at Police Station Sej, District Jaipur (West) wherein he is charged for the offence punishable under Section 8/20 of N.D.P.S Act, 1985.

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Learned counsel for the petitioner submits that recovery of 19.450 Kg “Ganja” alleged to have been effected from the possession of the petitioner and the same is below the commercial quantity. Counsel submits that the petitioner is not having any criminal antecedents of the similar nature and after investigation charge-sheet has been filed against him. Counsel submits that the petitioner

[CRLMB-36/2024]

[2024:RJ-JP:10932]

(2 of 2)

is in custody since the date of his arrest and trial will take its own time to conclude, therefore, indulgence of bail be granted to the petitioner.

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Per contra, learned Public Prosecutor as well as counsel for the complainant opposed the bail application. 4. Considering the arguments put forward by the learned counsel for the petitioner and looking to the fact that recovery of the alleged contraband is less than commercial quantity hence, the rider contained under Section 37 of NDPS Act, is not attracted and trial will take its own time to conclude and without expressing any opinion on merits and demerits of the case, I deem it just and appropriate to grant indulgence of bail to the petitioner under Section 439 Cr.P.C.

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Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Jorawar Singh Malawat S/o Kamlesh Malawat, arrested in connection with aforementioned FIR, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(ANOOP KUMAR DHAND),J

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Diksha/46

Jorawar Singh Malawat S/O Kamlesh Malawat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jorawar Singh Malawat S/O Kamlesh Malawat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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