Rajasthan High Court - Jaipur
Mohammad Salman S/O Liyakat Ali B/C ... vs State Of Rajasthan on 8 May, 2020
Author: Manoj Kumar Vyas
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 1889/2020
Mohammad Salman S/o Liyakat Ali Aged About 22 Years, R/o
House No A-594 Shaheed Indra Jyoti Nagar Bhatta Basti Jaipur
Presently R/o House No A-248 Udhyog Nagar Jhotwara Jaipur (At
Present Confined In Central Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With S.B. Criminal Miscellaneous Bail Application No. 1890/2020
1. Bundu Khan S/o Shri Abdul Gani R/o Meer Colony Kekri Road Near Idhgah Malpura Thana Dist. Tonk At Present Tenant House No 24 Chmnawadi Sanjay Nagar Jhotwara Jaipur (At Present Accused Confined In Central Jail Jaipur)
2. Mohammad Kalim S/o Shri Mohammad Aladdin Khan R/o Bada Mohalla Lalsot Dist.
Dausa At Present Tenant House
No 108 Shrinarayanpuri
Jhotwara Jaipur (At Present
Accused Confined In Central
Jail Jaipur)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhanu Prakash Sharma (through
VC)
For Respondent(s) : Mr. Ganesh Saini, PP
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HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 08/05/2020
1. These Criminal Misc. Bail Applications have been brought under Section 439 of Cr.P.C., seeking regular bail in connection with F.I.R. No. 33/2020 registered with Police Station Kalwar, Jaipur for offence under Sections 8/21, 8/15 read with Section 8/29 of NDPS Act, 1985.
2. Heard learned counsel for the accused petitioner through video conferencing and perused the record.
3. It has been argued on behalf of the accused-petitioners that they have falsely been implicated in this case. The recovered quantity of contraband is less than commercial quantity. The alleged recovery of smack from the accused-petitioner Mohammad Salman has been shown to be 7 gm, 30 mg, which is little above the minimum quantity. From the possession of accused-petitioners Bundi Khan, the recovered quantity of smack has been mentioned as 1 gm 60 mg, which is less than the prescribed small quantity, while the alleged recovery of poppystraw from accused-petitioner Mohd. Kalim has been mentioned as 1 kg 60 gm which is slightly above the prescribed minimum quantity. The alleged recovery of contraband from all the petitioners is less than commercial quantity, investigation and trial of the case will take time.
4. Learned Public Prosecutor has opposed the bail application and submitted that four other cases are pending against the accused-petitioners under Section 379 IPC.
5. I have considered the contentions. (Downloaded on 08/05/2020 at 08:47:04 PM)
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6. On consideration of arguments/submissions of both the parties, perusal of material on record and looking to the facts and circumstances of the case, but without commenting upon detailed merits of the case, this court deems it fit to enlarge the accused- petitioners on bail.
7. Therefore, the bail applications are allowed. Accused- petitioners (1) Mohammad Salman S/o Liyakat Ali (2) Bundu Khan S/o Shri Abdul Gani and (3) Mohammad Kalim S/o Shri Mohammad Aladdin Khan shall be released on bail in FIR No. 33/2020 registered at Police Station Kalwar District Jaipur, if they are not wanted in any other case, provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned trial court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
(MANOJ KUMAR VYAS),J sunita/8-9 (Downloaded on 08/05/2020 at 08:47:04 PM) Powered by TCPDF (www.tcpdf.org)