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2022 Supreme(Raj) 2635
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Farjand Ali, J.
Durga Shankar – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 14706 of 2022
Decided On : 19-12-2022
Act Referred
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT : S.8, S.15, S.29
Headnote
Bail Application - NDPS Act - The court allowed the bail application under Section 439 Cr.P.C. for the accused-petitioner based on the release of principal and other accused on bail, deeming it just and proper to enlarge the accused-petitioner on bail.
Fact of the Case:
The accused-petitioner filed a bail application under Section 439 Cr.P.C. for the offence(s) under Sections 8/15, 29 NDPS Act, citing the release of principal and other accused on bail as grounds for his release.
Finding of the Court:
The court, considering the arguments and overall facts and circumstances, deemed it just and proper to enlarge the accused-petitioner on bail.
Issues:
Ratio Decidendi: The release of principal and other accused on bail influenced the court's decision to grant bail to the accused-petitioner.
Final Decision: The bail application under Section 439 Cr.P.C. is allowed, and the accused-petitioner is ordered to be enlarged on bail upon furnishing a personal bond and sureties.
Kailash Khilery, Advocate, Salim Khan Mehar, Advocate
JUDGMENT
Farjand Ali, J. - The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Durga Shankar S/o Bhanwar Lal. The petitioner has been arrested in connection with FIR No. 149/2017 registered at Police Station Lohawat, District Jodhpur for the offence(s) under Sections 8/15, 29 NDPS Act.
2. Learned counsel for the accused-petitioner submits that the principal accused Ashok Kumar from whom the recovery of contraband is made has been released on bail by a Coordinate Bench of this Court vide order dated 23.10.2018 and the other accused Hanumanram with whom the case of the present petitioner is identical in nature, has also been released on bail vide order dated 3.11.2018. Thus, it is not justifiable to keep the petitioner behind the bars.
3. Per contra, learned Public Prosecutor has opposed the bail application.
4. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case and the fact that principal accused Ashok Kumar and other accused Hanumanram have already been enlarged on bail, this court deems it just and proper to enlarge the accused-petitioner on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner named above 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 as and when called upon to do so.
