Rajasthan High Court - Jodhpur
Satvindern @ Satta vs State Of Rajasthan on 4 July, 2019
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7256/2019
Satvindern @ Satta S/o Sh. Harvinder Singh, Aged About 40
Years, B/c Jat , R/o Ramidi , P.s. Subhanpura , Distt. Kapurthala ,
Punjab (Presently Lodged In Distt. Jail , Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ramesh Purohit
For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 04/07/2019 Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record.
The petitioner has been arrested in FIR No. 125/2006 of Police Station, Choti Sadri, District Pratapgarh for the offences punishable under Sections 8/15 of the NDPS Act and 482, 483 IPC. He has preferred this bail application under Section 439 Cr.P.C.
The petitioner is facing trial for the offences under Section 8/15 NDPS Act with the allegation that he was found in illegal possession of 720 kgs of poppy straw in the year 2006. It is noticed that the petitioner was enlarged on bail by this court on 10.02.2009, however, he remained absent before the trial court on 11.10.2010 and did not appear thereafter. Ultimately, the (Downloaded on 04/07/2019 at 10:19:12 PM) (2 of 2) [CRLMB-7256/2019] petitioner was arrested on 09.04.2019 only and now he is in judicial custody.
Learned counsel for the petitioner has submitted that the petitioner has failed to appear before the trial court due to some unavoidable circumstances and therefore, he may be enlarged on bail.
Per contra, learned Public Prosecutor has opposed the bail application.
Having considered the facts and circumstances of the case and taking into consideration the fact that the petitioner has violated the bail conditions imposed by this court and on account of his absence, the trial against him is pending since 2006, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner.
Accordingly, the bail application preferred by the petitioner under Section 439 Cr.P.C. is rejected.
(VIJAY BISHNOI),J Surabhii/50 (Downloaded on 04/07/2019 at 10:19:12 PM) Powered by TCPDF (www.tcpdf.org)