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1993 DIGILAW 766 (RAJ)

Razak v. State of Rajasthan

1993-11-22

N.L.TIBREWAL

body1993
JUDGMENT 1. - This second bail application under S. 439, Cr.P.C., has been filed by the petitioners on the ground of delay in the trial of the case. 2. The petitioner was arrested on April 5,1993 on the charges that he was found in possession of 520 m.g. (about 1/2 gram) of smack. This weight included the weight of paper in which the smack was kept. The charge has been framed in the case but not a single prosecution witness has been examined so far even though more than 71/2 months have passed. 3. Taking into consideration the quantity of smack and the period of detention of the accused and also the fact that the petitioner is a bonafide resident of Bundi town having no bad antecedent to his discredit and there is no danger of his fleeing away in case he is released on bail, I think it just and proper to release him under S. 439, Cr.P.C. 4. It is, therefore, directed that the petitioner Razak s/o Abdul Aziz shall be released on bail on his furnishing a personal bond in the sum of Rs. 5000/- with one surety in the like amount to the satisfaction of the trial Court for his appearance before that court or any other court on all subsequent dates of hearing or as and when called upon to do so during the pendency of the trial in the case. The bail shall be subject to the condition that he will not commit a similar offence in future. In this condition is violated, it shall be for the trial Court to cancel the bail without any reference to this court. *******