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Rajasthan High Court · body

2019 DIGILAW 1591 (RAJ)

BHERARAM v. STATE OF RAJASTHAN, THROUGH P. P.

2019-05-21

VIJAY BISHNOI

body2019
JUDGMENT : 1. Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record. 2. The petitioners have been arrested in FIR No. 37/2014 of Police Station Jhanwar, District - Jodhpur for the offences punishable under Section 8/18 of NDPS Act. They have preferred these bail applications under Section 439 Cr.P.C. 3. Learned counsel for the petitioners has submitted that as per the prosecution story, the petitioner along with three other persons viz. Omaram @ Om Prakash, Parbat Singh and Bheraram were arrested on 07.04.2018 while transporting poppy straw weighing 137.300 kgs. in seven bags. Learned counsel for the petitioners has submitted that the trial against the petitioner and other co-accused persons are going on since 2015, however, till date only 15 witnesses have been examined and 24 more witnesses still remain to be examined. It is submitted that a Coordinate Bench of this Court vide order dated 06.05.2019 passed in S.B. Criminal Misc. Second Bail Application No. 2392/2019 (Omaram @ Om Prakash v. State) has granted bail to co-accused Omaram @ Om Prakash while taking into consideration that the trial is being delayed without any fault of the accused persons. Learned counsel for the petitioners has submitted that the case of the petitioners are on similar footing and they are also entitled to be enlarged on bail. 4. Learned Public Prosecutor has opposed the bail applications. 5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C. 6. Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners 1. Bheraram S/o Bheparam & 2. Parbat Singh S/o Shri Balwant Singh shall be released on bail in connection with FIR No. 37/2014 of Police Station Jhanwar, District - Jodhpur provided each of them executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.