Mohd Muslim @ Hussain vs State (Nct Of Delhi) on 28 March, 2023
(Emphasis Supplied)
In the case of Mohd. Muslim @ Hussain (Supra) it has
been propounded that at the stage of hearing a bail application
under Section 439 Cr.P.C., although it is not possible to make a
definite opinion that they are not guilty of the alleged crime but
for the limited purpose for the justifiable disposal of the bail
applications, a tentative opinion can be formed that the material
brought on record is not sufficient enough to attract the embargo
contained under Section 37 of the NDPS Act. Though specific
arguments have not been conveyed but looking to the fact that
the accused is in custody, this court feels that the accused are not
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supposed to establish a case in support of his innocence rather
his detention is required to be justified at the instance of the
prosecution, therefore, this court went deep into the facts of the
case and the manner in which the entire proceedings have been
undertaken. If other surrounding factors align in consonance with
the statutory stipulations, the personal liberty of an individual can
not encroached upon by keeping him behind the bars for an
indefinite period of time pending trial. In view of the above, it is
deemed suitable to grant the benefit of bail to the petitioner.