Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 473 (RAJ)

Mohan Singh v. State of Rajasthan, Through PP

2019-02-08

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard Mr. Ishwar Singh Sisodiya, son of the petitioner present in person, learned Public Prosecutor and perused the record. 2. The petitioner has been arrested in FIR No. 177/2017 of Police Station Arnod, Distt. Pratapgarh for the offences punishable under Sections 8/18 and 29 of the NDPS Act. He has preferred this third bail application under Section 439 Cr.P.C. 3. Mr. Ishwar Singh Sisodiya, son of the petitoner has argued that co-accused person namely Dilip has already been enlarged on bail by this Court while taking into consideration the fact that the I.O. as well as the Seizure Officer have not properly collected samples from the seized narcotic contraband and as per the decision of this Court rendered in the case of Netram v. State of Rajasthan, reported in 2014 (1) Cr.L.R. (Raj.) 163 , it is for the I.O. to prove guilt of the accused persons of possessing/transporting/supplying of narcotic contraband above commercial quantity. It is further argued by son of the petitioner that case of the petitioner is not distinguishable from that of co-accused, who has already been enlarged on bail. 4. Learned Public Prosecutor has opposed the bail application. 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 petitioner under Section 439 Cr.P.C. 6. Accordingly, this third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Mohan Singh S/o Shri Kalu Singh shall be released on bail in connection with FIR No. 177/2017 of Police Station Arnod, Distt. Pratapgarh provided he executes a personal bond in the 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/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.