Rajasthan High Court - Jodhpur
Sadram vs State on 22 September, 2021
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 9618/2021
Sadram S/o Kanaram, Aged About 58 Years, R/o Liyadara, Police
Station Jhaab, District Jalore, Rajasthan.
(Presently Lodged at Sub Jail, Bhinmal).
----Petitioner
Versus
State through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 4603/2021
Suresh Kumar S/o Harchand Ram, Aged About 24 Years, B/c
Bishnoi, R/o Data, Police Station Sanchore, District Jalore.
(Presently Lodged in Sub Jail Bhinmal)
----Petitioner
Versus
State of Rajasthan through the Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Vijay Raj Bishnoi &
Mr. Charkarvarti Singh Rathore for Mr.
Pradeep Shah
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order 22/09/2021 Both the above bail applications shall stand decided by this common order as they arise out of the same FIR.
The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.13/2021 registered at Police Station Karda, District Jalore, registered for the offences punishable under (Downloaded on 22/09/2021 at 09:15:06 PM) (2 of 4) [CRLMB-9618/2021] Sections 8/22, 22, 29 of the NDPS Act [qua the accused- petitioner-Sadram (rejection order dated 14.07.2021 was passed in regard to Sections 8/22, 25, 29 of the NDPS Act)] and Sections 8/22 & 29 of the NDPS Act (qua the accused-petitioner-Suresh Kumar S/o Harchand Ram).
Heard learned counsel appearing for the petitioners as well as learned Public Prosecutor. Perused the material available on record.
Learned counsel appearing for the petitioners stated that the alleged recovery was made from the accused- Prakash Kumar and Suresh Kumar S/o Fuaram; petitioner before this Court in S.B. Criminal Misc. Bail Application No.4603/2021 is Suresh Kumar S/o Harchand Ram; as per page 27 of the charge-sheet, Prakash Kumar from whom custody contraband was recovered named accused Ramesh Kumar and stated that the alleged contraband MDMA (molly) brought from accused - Ramesh Kumar and Ramesh Kumar named accused - petitioners. Learned counsel further stated that except the statement of co-accused, there is no other evidence available on record against the petitioners; petitioners have wrongly been implicated in this case. Lastly, learned counsel stated that charge-sheet has been filed and the trial will take time. With these submissions, learned counsel for the petitioners prayed that benefit of bail may be granted to the petitioners.
Per contra, learned Public Prosecutor opposed the bail application and stated that 202 gms MDMA (molly) has been recovered in the present case which is commercial quantity. Learned PP further stated that call detail report was obtained by the investigating officer during the investigation and same is (Downloaded on 22/09/2021 at 09:15:06 PM) (3 of 4) [CRLMB-9618/2021] available in the charge-sheet at page 221 to 278. Learned PP also stated that earlier, two other cases have been registered against the accused-petitioner - Suresh Kumar S/o Harchand Ram. He lastly, urges that Section 37 of the NDPS Act is clearly attracted in the present case.
In reply, learned counsel for the petitioners stated that the said call detail report is not reliable in absence of the certificate issue under Section 65-B of the Evidence Act. In support of this arguments, learned counsel for the petitioner has submitted copy of the order dated 27.05.2021 passed in Bail Application No.4871/2021 titled as 'Kacharu Lal Vs. State' passed by the Co- ordinate Bench of this Court.
Having regard to the facts and circumstances of this case, particularly to the facts that the certificate required under Section 65-B of the Evidence Act in regard call detail report has not been obtained by the investigating officer, hence as held by this Court in the case of Kacharu Lal (supra) and some of the other cases on the same point, it cannot be said that there is prima facie, sufficient and reliable evidence to connect the accused-petitioners with the alleged recovered contraband; in view of the above, looking to the fact that charge-sheet has been filed and trial of the case will take sufficiently long time; and that this Court is of the view that the conditions of Section 37 of the NDPS Act are satisfied, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.
Consequently, the bail applications are allowed. It is ordered that the accused-petitioners - (1) Sadram S/o Kanaram and (2) Suresh Kumar S/o Harchand Ram arrested in connection (Downloaded on 22/09/2021 at 09:15:06 PM) (4 of 4) [CRLMB-9618/2021] with F.I.R. No.13/2021 registered at Police Station Karda, District Jalore, shall be released on bail, if not wanted in any other case; provided each of them furnishes a personal bond of Rs.2,00,000/- (Rupees Two lakhs) with two sound and solvent sureties of Rs.1,00,000/- (Rupees One Lakh) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(DEVENDRA KACHHAWAHA),J 4-5-Arvind/-
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