Rajasthan High Court - Jodhpur
Kulbir Singh Alis Sarpanch vs State Of Rajasthan (2025:Rj-Jd:15999) on 26 March, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:15999]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3646/2025
Kulbir Singh @ Sarpanch S/o Shri Ajit Singh, Aged About 52
Years, R/o Samraienyaa Bhammasingh Wala Police Station Sadar
Firozpur District Firozpur Punjab (Confined In Bhatinda Jail)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sanjay Bishnoi
For Respondent(s) : Mr. Sameer Pareek, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 26/03/2025 This application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.22/2017, registered at Police Station Gajsinghpur, District Sri Ganganagar, for offences under Sections 8/21, 25 and 29 of NDPS Act.
Learned counsel submitted that the co-accused persons Gurbachhan Singh @ Bachhan Singh (S.B. Criminal Misc. Bail Application No.11810/2024) has already been enlarged on bail by this Court vide order dated 07.03.2025. Learned counsel submitted that the case of the present petitioner is not distinguishable from that of the above named co-accused person who has already been enlarged on bail.
Lastly, learned counsel submitted that the petitioner is in judicial custody; the challan against him has already been file before the competent criminal Court; and the trial of the case will (Downloaded on 26/03/2025 at 09:50:08 PM) [2025:RJ-JD:15999] (2 of 4) [CRLMB-3646/2025] take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the facts that the petitioner is in judicial custody since last more than five years and till date, out of 28 cited prosecution witnesses only 12 cited prosecution witnesses have been examined before the competent criminal Court.
Heard learned counsel for the parties at Bar. Perused the material available on record.
The order dated 07.03.2025 while enlarging the co-accused person- Gurbachhan Singh @ Bachhan Singh by this Court is reproduced below for ready reference:-
" This second application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with FIR No.22/2017 registered at Police Station Gajsinghpur, District Sri Ganganagar, for offences under Sections 8/15, 25 and 29 of the NDPS Act. Learned counsel submitted that as per the prosecution, Sub Inspector, BSF, saw certain suspicious persons near the barricades on the special surveillance devices and upon reaching at the spot, recovered contraband (heroin) weighing 2 Kgs in 2 plastic bags. Upon searching the entire area and during the course of investigation, co-accused Chhinderpal Singh was arrested. As per the disclosure statements of co-accused Chhinderpal Singh, the present petitioner came to be arrested on 08.12.2019.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. Learned counsel submitted that the petitioner is in judicial custody since 08.12.2019. He further submitted that till date, out of total 28 cited prosecution witnesses, only 12 prosecution witnesses have been examined before competent Criminal Court. He further submitted that the delay in trial is not at all attributable to the petitioner. He submitted that the petitioner is in judicial custody since last more than 5 years 02 months and looking to the pace at which trial is being conducted against the present (Downloaded on 26/03/2025 at 09:50:08 PM) [2025:RJ-JD:15999] (3 of 4) [CRLMB-3646/2025] petitioner, the same is not likely to be concluded in near future.
In support of his contention, learned counsel for the petitioner placed reliance on the cases of Rabi Prakash Vs. State of Orisa (Leave to Appeal (Criminal) No.4169/2023 and Mohd Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave Petition (Crl.) No(s).915 of 2023.
On these grounds, he implored the Court to enlarge the petitioner on bail.
Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that petitioner is facing trial for the offence under the NDPS Act and, therefore, the present bail application deserves to be rejected straightway. Learned Public Prosecutor, however, was not in position to refute the fact that in last more than 5 years 02 months, out of total 28 cited prosecution witnesses, only 12 prosecution witnesses have been examined till date.
Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the material available on record.
Having considered the rival submissions, facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration for last more than 5 years 02 months and out of total 28 cited prosecution witnesses, only 12 prosecution witnesses have been examined till date, thus without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Accordingly, the second bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner- Gurbachhan Singh @ Bachhan Singh S/o Shri Jagga Singh shall be enlarged on bail in connection with FIR No.22/2017 registered at Police Station Gajsinghpur, District Sri Ganganagar, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- 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 so.
In case, the petitioner remains absent on any date of hearing or makes an attempt to delay the trial by seeking unnecessary adjournments, it shall be taken as a misuse of concession of bail granted to him by this Court. The prosecution, in such a situation, shall be at liberty to move an application seeking cancellation of bail granted to the petitioner today by this Court.(Downloaded on 26/03/2025 at 09:50:08 PM)
[2025:RJ-JD:15999] (4 of 4) [CRLMB-3646/2025] It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same."
Having considered the rival submissions, facts and circumstances of the case particularly keeping in view the fact that the co-accused person Gurbachhan Singh @ Bachhan Singh has already been enlarged on bail by this Court, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. (483 BNSS) is allowed. It is ordered that the accused-petitioner- Kulbir Singh @ Sarpanch S/o Shri Ajit Singh, arrested in connection with F.I.R. No.22/2017, registered at Police Station Gajsinghpur, District Sri Ganganagar, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial Court, for his appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial.
It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J 285-himanshu/-
(Downloaded on 26/03/2025 at 09:50:08 PM) Powered by TCPDF (www.tcpdf.org)