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2002 DIGILAW 635 (RAJ)

Hari Om Lohar v. The State of Rajasthan

2002-03-21

A.C.GOYAL

body2002
JUDGMENT 1. - Heard learned counsel for the petitioner, learned PP and perused the case diary. 2. According to the prosecution case, accused Mahavir was apprehended with 2.90 grams opium on 25.10.2001. This accused Mahavir has disclosed before the I.O. that he purchased it from the accused petitioner Hariom Lohar. After investigation the accused Mahavir was challaned under Section 8/19 of the N.D.PS. Act while accused petitioner Hariom Lohar was challaned under Section 8/29 of the N.D.PS. Act. No recovery what-so-ever was made from the accused petitioner- According to the amended provisions of Section 37 of the Act, 1985, there is no bar to grant bail in such offences in which contravened article less than commercial quantity is recovered. 3. Taking into consideration the facts and circumstances of the case, it is just and proper to grant bail to the petitioner under Section 439 Cr.PC. 4. It is, therefore, ordered that the petitioner Hariom Lohar be released on bail provided her furnishes a personal bond in the sum of Rs. 30,000/- (Rs. thirty thousand) with two sureties of Rs. 15,000/- each to the satisfaction, of the trial court with the stipulation to appear in the court as and when called upon to do so during pendency of the trial against him in the case arising out of FIR No. 365/01 Police Station Vidhayakpuri, Jaipur.Bail Quashed. *******