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2020 DIGILAW 390 (RAJ)

Sohanlal S/o Shri Kaluram v. State of Rajasthan

2020-02-18

VIJAY BISHNOI

body2020
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.246/2018 of Police Station Sadar Pali, District Pali for the offences punishable under Sections 8/15 and 29 NDPS Act. They have preferred these second bail applications under Section 439 Cr.P.C. 3. Learned counsel for the petitioners has submitted that as per the prosecution story, huge quantity of narcotic contraband poppy straw was recovered from co-accused Sataram while he was transporting the same in a Pickup bearing No.RJ-27-GD-5969. Learned counsel for the petitioners has submitted that in the charge-sheet, the Investigating Agency has concluded that co-accused Sataram procured the said narcotic contraband as per the direction given by the petitioners and the said narcotic contraband was also to be supplied to the petitioners. It is argued that the said conclusion has been arrived at by the police on the basis of the information supplied by co-accused Satarram while in police custody. Learned counsel for the petitioners has submitted that except the said piece of evidence, no other evidence is available on record to connect the petitioners with commission of crime. It is also submitted that it is well settled that any information supplied by co-accused, while in police custody, is not admissible in evidence. 4. Learned Public Prosecutor has opposed the bail applications. 5. Having regard to the totality of the facts and circumstances of the case and after perusing the charge-sheet as well as the statements of Seizure Officer and Investigating Officer, recorded before the trial court, it is noticed that the Investigating Officer has failed to collect any evidence except the information supplied by co-accused Sataram, while in police custody, to connect the petitioners with the commission of crime, 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 second bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners Sohanlal S/o Kaluram and Mangilal S/o Bhopalram shall be released on bail in connection with FIR No.246/2018 of Police Station Sadar Pali, District Pali 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.