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2019 Supreme(Raj) 1187
IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Baljeet Singh - Appellant
Versus
State Of Rajasthan, Through Pp - Respondent
Criminal Miscellaneous IV Bail Application No. 744 of 2019
Decided On : 06-05-2019
Mr. Shaitan Singh Khichar, Advocate, for the Appellant; Mr. Anil Joshi, P.P, for the Respondent
Headnote:
NDPS Act - Bail Application - The court allowed the bail application under Section 439 CrPC, citing delay in trial proceedings and satisfaction of conditions under Section 37 of the NDPS Act, leading to the release of the accused on bail.
Fact of the Case:
The accused had been in custody for nearly 5 years in connection with an NDPS Act case. He had been acquitted in a previous case and only 11 out of 23 listed witnesses had been examined, leading to delay in trial proceedings.
Finding of the Court:
The court found that the delay in trial proceedings was due to the prosecution and that the conditions of Section 37 of the NDPS Act were satisfied, thus allowing the bail application and ordering the release of the accused on bail.
Issues: Delay in trial proceedings, satisfaction of conditions under Section 37 of the NDPS Act, bail application under Section 439 CrPC.
Ratio Decidendi: The delay in trial proceedings and satisfaction of conditions under Section 37 of the NDPS Act influenced the court's decision to allow the bail application and release the accused on bail.
Final Decision: The bail application was allowed, and the accused was ordered to be released on bail upon furnishing a personal bond and sureties to the satisfaction of the trial court.
JUDGMENT
1. The instant bail application under Section 439 CrPC has been preferred on behalf of the accused applicant Baljeet Singh, who is in custody since last nearly 5 years in connection with FIR No. 157/2014 registered at the Police Station Taranagar, District Churu for the offence under Section 8/15 of the NDPS Act.
2. Learned Public Prosecutor had submitted a factual report, which indicates that the petitioner was convicted for the offence under Section 8/15 of the NDPS Act by a Special Court at Haryana. Learned counsel for the applicant has placed on record a copy of the judgment dated 24.12.2014, by which, the accused appellant has been acquitted in the said case. In the present case, out of the 23 listed witnesses, only 11 have been examined till date. Manifestly, thus, the prosecution is responsible for delay in disposal of the trial. Accordingly and keeping in view the observations made by this court in the case of Ishwar Singh v. The State of Rajasthan (S.B. Criminal Misc. 2nd Bail Application No. 6030/2017 decided on 14.07.2017), this court is duly satisfied that the conditions of Section 37 of the NDPS Act are satisfied and hence, the accused applicant deserves to be released on bail during pendency of the trial.
3. Consequently, the bail application is allowed. It is ordered that the accused applicant namely Baljeet Singh S/o Dheer Singh arrested in connection with F.I.R. No. 157/2014 registered at the Police Station Taranagar, District Churu shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two sound and solvent sureties of Rs. 50,000/- each (both of local persons) to the satisfaction of the 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.
