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2022 Supreme(Raj) 1086
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Jamna Lal – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 175 of 2022
Decided On : 20-05-2022
Important Points
Subject
Criminal Law - Bail Proceedings
Act Referred
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT : S.18, S.27(a), S.8
Headnote
Bail - NDPS Act - The court granted bail to the accused petitioner under Section 439 Cr.P.C, considering the fact that similarly situated co-accused had already been granted bail, without expressing any opinion on the merits of the case.
Fact of the Case:
The petitioner was arrested for offences under the NDPS Act and sought bail, citing the release of similarly situated co-accused and the lengthy trial process.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner, considering the bail granted to similarly situated co-accused and the lengthy trial process.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Granting bail based on the release of similarly situated co-accused and the lengthy trial process, without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Sec.439 Cr.P.C. is allowed, and the accused petitioner is directed to be released on bail upon fulfilling the specified conditions.
B. Ray Bishnoi, Advocate, Anees Bhurat, Advocate
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.475/2020, Police Station Devgarh, District Rajsamand, for the offences punishable under Sections 8/18 & 27-a of NDPS act.
2. Counsel for the petitioner submits that similarly situated co-accused Bhanwar Lal and Bhagwan Lal have already been enlarged on bail by the Co-ordinate Bench of this Court and the case of the present petitioner is similar to the co-accused. Counsel further submits that no other criminal case has been registered against the petitioner. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor vehemently opposed the bail application.
4. I have considered the arguments advanced before me and gone through the material available on record.
5. Having regard to the totality of the facts and circumstances of the case, particularly looking to the fact that the similarly situated co-accused have already been granted bail, therefore, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
6. accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Jamna Lal S/o Bhoni Ram, shall be released on bail in connection with FIR No.475/2020, Police Station Devgarh, District Rajsamand, provided he executes a personal bond in a sum of Rs.2,00,000/- with two sound and solvent sureties of Rs.1,00,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
