Rajasthan High Court - Jodhpur
Angrej Ali vs State Of Rajasthan (2023/Rjjd/011408) on 21 April, 2023
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
[2023/RJJD/011408]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2258/2023
Angrej Ali S/o Shri Ayub Khan, Aged About 26 Years, R/o Ward
No. 15, Kheruwala, Tehsil Sadul Shahar, District Sri Ganganagar,
Rajasthan. (Presently Lodged At Jail, Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 13546/2022
Mohamad Salam @ Aslam Khan S/o Sh. Maram Khan, Aged
About 36 Years, B/c Musalman, R/o Rorawali, Teh. And Dist.
Hanumangarh (Raj.).
(At Present Lodged In Dist./central Jail, Sriganganagar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Durgesh Khatri
For Respondent(s) : Mr. B.R. Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order 21/04/2023 Heard learned counsel for the parties and also perused the material on record.
The petitioners have been arrested in FIR No.339/2018 of Police Station Sadul Shahar, District Sri Ganganagar for the offences punishable under Sections 8/21 and 29 of NDPS Act. They have preferred this bail application under Section 439 Cr.P.C. (Downloaded on 21/04/2023 at 10:17:45 PM) [2023/RJJD/011408] (2 of 3) [CRLMB-2258/2023] Learned counsel for the petitioners has submitted the earlier bail applications of the petitioners - Angrej Ali and Mohamad Salam were rejected by this Court on 06.10.2021 and 2.3.2020 respectively. It is submitted that petitioner - Angrej Ali was arrested on 22.09.2018 and petitioner - Mohamad Salam was arrested on 29.9.2018 and as per the prosecution story, 12 bottles of Win-Corex Syrup weighing 1.452 kgs containing narcotic substance codine and 150 capsules of Parvon-spas tablets containing narcotic substance tramadol alleged to have been recovered from the petitioners. It is further submitted that as per the charge sheet filed by the police, as many as 19 prosecution witnesses are to be examined, however out of which, only 11 prosecution witnesses have been examined before the trial court till date.
Learned counsel for the petitioners has placed reliance on the decision dated 28.03.2023 rendered by Hon'ble Supreme Court in Mohd. Muslim @ Hussain Vs. State (NCT of Delhi) [Special Leave Petition (Crl.) No(s). 915 of 2023], wherein it is observed by the Hon'ble Supreme Court that delay in trial can also be considered for releasing accused person on bail despite the restrictions imposed under Section 37 of the NDPS Act.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
(Downloaded on 21/04/2023 at 10:17:45 PM)
[2023/RJJD/011408] (3 of 3) [CRLMB-2258/2023] Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners Angrej Ali S/o Shri Ayub Khan and Mohamad Salam @ Aslam Khan S/o Sh. Maram Khan shall be released on bail in connection with FIR No.339/2018 of Police Station Sadul Shahar, District Sri Ganganagar provided each of them executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.
(VIJAY BISHNOI),J 60-Arun/-
(Downloaded on 21/04/2023 at 10:17:45 PM) Powered by TCPDF (www.tcpdf.org)