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2016 DIGILAW 542 (RAJ)

Ram Singh v. State of Raj.

2016-04-20

SANDEEP MEHTA

body2016
JUDGMENT : Hon'ble MEHTA, J.—Heard learned counsel for the parties. Perused the material available on record. 2. The instant bail application under Section 439 Cr.P.C. has been filed by the petitioner who is in custody in connection with F.I.R. No.426/2012, Police Station Sardarshahar for offence under Section 8/15 of the N.D.P.S. Act. 3. Learned counsel for the petitioner submits that the petitioner is being implicated in this case solely on the ground that he was the person in control of Maruti Swift car no.PB 31G 0745 from which contraband poppy straw weighing 175 kg. was recovered while the car was lying in an abandoned condition. He urges that the petitioner has been implicated in this case on the basis of an agreement executed by Jagjit Singh for the purported sale of car in favour of the petitioner. He submits that as per the admitted material available on record, one Amrit Pal is the registered owner of the said car. He urged that apparently, the so-called agreement on the strength whereof the petitioner is being implicated is unworthy of credence. As per him, there is no material available on the record of the case to connect the petitioner with the alleged crime. He thus prays that the petitioner deserves to be granted bail. 4. Learned P.P. assisted with the I.O. candidly concedes that there is no document available on record to prove the sale of the offending vehicle by Amrit Pal the registered owner to anybody else. 5. Thus, having regard to the overall facts and circumstances of the case and looking to the fact that the rigor of Section 37 of the N.D.P.S. Act is duly satisfied so as to entitle the petitioner’s release on bail. Thus, without expressing any opinion on the merits of the case, this Court is of the opinion that it is a fit case for grant of bail to the petitioner. 6. Accordingly, this bail application is allowed and it is directed that the petitioner Ram Singh arrested in connection with the F.I.R. No.426/2012, Police Station Sardarshahar, shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.