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2023 Supreme(Raj) 1243

KULDEEP MATHUR
Shivraj Singh @ Surjeet Singh @ Raju S/o Shri Sukhdev Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Tirupati Chandra.
For the Respondent: S.K. Bhati.

ORDER :

1. This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No. 12/2019 registered at Police Station Lalgarh Jattan, District Sri Ganganagar, for offences under Sections 8/22 and 8/29 of the NDPS Act.

2. As per the prosecution, during routine patrolling, police team of Police Station Lalgarh Jattan, District Sri Ganganagar, on 11.01.2019, recovered 25000 tablets of Tramadol Hydrochloride (Trio-SR) from conscious possession of the present petitioner. He was arrested on the spot.

3. Learned counsel for the petitioner submitted that the petitioner is in custody since 11.01.2019. It was also submitted that trial against the petitioner has commenced but in last more than 4 years and 9 months, out of total 13 cited prosecution witnesses, only 4 have been examined till date. Learned counsel submitted that the delay in trial before the competent criminal court is not at all attributable to the present petitioner.

4. Learned counsel submitted that in view of the fact that the petitioner is in custody for last more than 4 years and 9 months and the delay in trial is not attributable to him, he deserves to be enlarge

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