Rajasthan High Court - Jaipur
Vishram@Vissya S/O Shri Heeralal vs State Of Rajasthan on 13 July, 2021
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Second Bail Application No.
15708/2020
Vishram@vissya S/o Shri Heeralal, Aged About 40 Years, R/o
Sukol Ki Dhani Ten Madhogarh Ps Malakhera Dist. Alwar Raj.
(Accused Is In J.c. In Jail Alwar)
----Petitioner
Versus
State Of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. Manish Gupta
For Respondent(s) : Mr. Riyasat Ali, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
13/07/2021
1. Petitioner has filed this second bail application under Section 439 of Cr.P.C.
2. F.I.R. No. 114/2020 was registered at Police Station Malakhera, District Alwar, for offences under Section 8/18 of NDPS Act.
3. It is contended by counsel for the petitioner that initially when the green plants were recovered, the total weight of the plants were around 150 Kg. However, when the same were produced before the Magistrate and were weighed, the weight came down to 40 Kg. There was a reduction of around 110 Kg in the total weight of the plants. It is also contended that petitioner is in custody from 03.03.2020. Not a single witness has been examined, even when petitioner has remained in custody for a (Downloaded on 16/07/2021 at 09:43:53 PM) (2 of 2) [CRLMB-15708/2020] period of around one year and four months. It is further contended that Section 37 of the NDPS Act is not applicable and petitioner is not having any criminal antecedents.
4. Learned Public Prosecutor has opposed the second bail application.
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the petitioner and taking the overall facts and circumstances of the case, I deem it proper to allow the second bail application.
7. This second bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial court with the stipulation that he 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.
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