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2022 Supreme(Raj) 2341
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Chandra Kumar Songara, J.
Chhittarmal – Appellant
Versus
State Of Rajasthan, Through P.p. – Respondent
S.B. Criminal Miscellaneous Bail Application No. 10896 of 2022
Decided On : 02-08-2022
Mr. Faheem Akhtar, for the Appellant
Mr. G.S. Rathore, GA-Cum-AAG, for the Respondent.
The court considered the quantity of recovered contraband and the criminal antecedents of the petitioner in allowing the bail application.
Headnote:
NDPS Act - Bail Application - The court allowed the bail application under Section 439 of Cr.P.C. for the accused-petitioner who was charged under Sections 8/18 of NDPS Act. The court considered the fact that the recovered contraband was less than commercial quantity and the petitioner had no criminal antecedents. The court ordered the petitioner to furnish a personal bond for his appearance before the Court concerned.
Fact of the Case:
The bail application was filed under Section 439 of Cr.P.C. in connection with FIR No. 146/2022 registered at Police Station Lambaharisingh, District Tonk for the offence under Sections 8/18 of NDPS Act. The petitioner, an old aged person of 60 years, had been behind bars for a long time. The recovered contraband was less than commercial quantity and the petitioner had no criminal antecedents.
Finding of the Court:
The court allowed the bail application, considering the submissions made by learned counsel for the petitioner and taking into consideration overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case.
Issues: Bail application under Section 439 of Cr.P.C. in connection with FIR No. 146/2022 registered at Police Station Lambaharisingh, District Tonk for the offence under Sections 8/18 of NDPS Act.
Ratio Decidendi: The court deemed it just and proper to enlarge the petitioner on bail, considering the fact that the recovered contraband was less than commercial quantity and the petitioner had no criminal antecedents.
Final Decision: The bail application under Section 439 of Cr.P.C. was allowed and it was ordered that the accused-petitioner shall be enlarged on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.
ORDER
1. This bail application has been filed under Section 439 of Cr.P.C. in connection with FIR No. 146/2022 registered at Police Station Lambaharisingh, District Tonk for the offence under Sections 8/18 of NDPS Act.
2. It is submitted by learned counsel for the petitioner that as per FIR, recovered contraband is less than commercial quantity. The petitioner is an old aged person of 60 years and he is behind the bars since long. As per rejection bail order, he has no criminal antecedents. Therefore, looking the facts and circumstances of the case, accused-petitioner may be released on bail.
3. Learned Public Prosecutor has opposed the bail application.
4. Heard and perused the material available on record.
5. Considering the submissions made by learned counsel for the petitioner and taking into consideration overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to enlarge the petitioner on bail.
6. Accordingly, the bail application under Section 439 of Cr.P.C. is allowed and it is ordered that the accused-petitioner Chhittarmal S/o Jwara @ Hariram shall be enlarged on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.
