Rajasthan High Court - Jodhpur
Gurdeep Singh vs State Of Rajasthan on 12 April, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023/RJJD/009774]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3652/2023
Jaspal Singh S/o S. Kartar Singh, Aged About 24 Years, R/o
Rajjoki Gatti Tehsil And District Firozpur Punjab. (At Present
Lodged In Sub Jail Sri Karanpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 3654/2023
Kuldeep Singh S/o Sh. Dayal Singh, Aged About 22 Years, R/o
Chandiwala, Tehsil And District Firozpur (Punjab) (At Present
Lodged In Central Jail, Sri Ganganagar)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 3655/2023
Gurdeep Singh S/o Sh. Kulwant Singh, Aged About 25 Years, R/o
Habibwala, Tehsil And District Firozpur (Punjab) (At Present
Lodged In Central Jail, Sri Ganganagar)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. R.S. Gill.
Mr. G.J. Gupta.
For Respondent(s) : Mr. S.S. Rajpurohit, PP.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 12/04/2023 (Downloaded on 12/04/2023 at 11:57:56 PM) [2023/RJJD/009774] (2 of 4) [CRLMB-3652/2023] These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.149/2022 registered at Police Station Sri Karanpur, District Sri Ganganagar, for the offences punishable under Sections 8/25, 28, 29, 30 of the NDPS Act and Section 188 of the IPC.
Heard learned counsel for the petitioners as also the learned Public Prosecutor and perused the material available on record.
Learned counsel for the petitioners submit that the co-accused Karamjeet Singh, Paramjeet Singh (Bail Application No.15761/2022), Lakhvinder Singh (Bail Application No.11979/2022), Sukhdev Singh (Bail Application No.11981/2022) and Narendra Pal Singh (Bail Application No.15601/2022) have already been enlarged on bail by a Coordinate Bench of this Court vide order dated 28.03.2023. The order dated 28.03.2023 passed by the Coordinate Bench is reproduced herein below for ready reference:
"The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.149/2022 Police Station Srikaranpur, District Sri Ganganagar for the offences punishable under Sections 25, 28, 30 of NDPS Act & under Section 188 of I.P.C.
Learned counsels for the petitioners submits that there is no recovery of the said 24 kgs. of the heroin. The accused persons are in judicial custody since their arrest and trial of case will take considerable long time to conclude, therefore, petitioners may be enlarged on bail.
Learned Public Prosecutor opposed the bail application and submits that it is a sensitive matter concerning the national security. The alleged contraband article is to be received from cross border from Pakistan.
I have considered the arguments advanced by learned counsel for the parties and perused the material available on record. From the perusal of the charge-sheet, it is apparent that no recovery has been effected from the accused petitioners.(Downloaded on 12/04/2023 at 11:57:56 PM)
[2023/RJJD/009774] (3 of 4) [CRLMB-3652/2023] Having regard to the totality of the facts and circumstances of the case and taking into account that the trial of case may take considerable long time, without commenting on the merits of the case, this Court deems it just and proper to release the petitioners on bail.
Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is ordered that the accused- petitioners - Karmjeet Singh S/o Karnail Singh, Paramjeet Singh S/o Gurmeet Singh, Lakhvinder Singh S/o Shri Sardar Singh, Sukhdev Singh S/o Shri Prem Singh and Narendra Pal Singh S/o Shri Palvinder Singh, shall be enlarged on bail in FIR No.149/2022 Police Station Srikaranpur, District Sri Ganganagar provided they furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial."
Learned counsel for the petitioners further submit that case of the present petitioners is not distinguishable with that of the case of the co-accused who have already been enlarged on bail. The petitioners are in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioners.
Per contra, learned Public Prosecutor has opposed the bail applications.
Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.
Consequently, these bail applications under Section 439 Cr.P.C. are allowed. It is ordered that the accused-petitioners (1) Jaspal Singh S/o S. Kartar Singh, (2) Kuldeep Singh S/o Sh. Dayal Singh & (3) Gurdeep Singh S/o Sh. Kulwant Singh arrested in connection with F.I.R. No.149/2022 registered at Police Station Sri (Downloaded on 12/04/2023 at 11:57:56 PM) [2023/RJJD/009774] (4 of 4) [CRLMB-3652/2023] Karanpur, District Sri Ganganagar, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
A copy of this order be placed in each file.
(KULDEEP MATHUR),J 150-Tikam/-
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