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2023 DIGILAW 2261 (RAJ)

Malkeet Singh v. State of Rajasthan

2023-12-15

DINESH MEHTA

body2023
ORDER : 1. This second application for bail has been filed by the applicant under Section 439 of the Cr.P.C. in connection with FIR No. 151/2020 registered at Police Station Rajiyasar, District Sri. Ganganagar for the offences under Sections 8 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') so also the charge-sheet has been filed for the offences under Sections 8, 22 and 29 of the NDPS Act. 2. The first bail application being (S.B. Criminal Miscellaneous Bail Application No. 4536/2021) filed on behalf of the applicant was dismissed on 05.04.2021. 3. Learned counsel for the applicant submitted that the applicant is behind bars since 27.08.2020 and out of the list of 15 witnesses, only 2 witnesses have appeared in witness box. He added that the evidence of only one witness is complete and cross-examination of the second witness is still pending. 4. Learned counsel invited Court's attention towards the copy of the proceedings of the trial Court and highlighted that the trial is proceeding at a very slow pace and most of the time, the matter has been adjourned for want of appearance of co-accused Dolaram and/or non-appearance of the prosecution witnesses. 5. Learned counsel submitted that the applicant's right of speedy trial has been infringed and thus, the applicant who has suffered incarceration for more than 3 years is entitled to be enlarged on bail. 6. Learned Public Prosecutor opposed the bail application by contending that the contraband substance was recovered from applicant's conscious possession. 7. Having heard learned counsel for the parties and upon perusal of the record, including the proceedings of the trial Court, this Court is not satisfied with the pace at which the trial is proceeding. The matter is being adjourned for no fault of the present applicant against whom charges were framed way back on 15.04.2021, this Court is of the firm view that the applicant's right of speedy trial is being violated on account of slow pace of the trial. 8. Hence, the present applicant is entitled to be enlarged on bail on the basis of the principles enunciated by Hon'ble the Supreme Court in the cases of Rabi Prakash v. State of Odisha, Special Leave to Appeal (Crl.) No. 4169/2023 and Mohd. Muslim @ Hussain v. State (NCT of Delhi), 2023 SCC Online SC 352. 9. 8. Hence, the present applicant is entitled to be enlarged on bail on the basis of the principles enunciated by Hon'ble the Supreme Court in the cases of Rabi Prakash v. State of Odisha, Special Leave to Appeal (Crl.) No. 4169/2023 and Mohd. Muslim @ Hussain v. State (NCT of Delhi), 2023 SCC Online SC 352. 9. Consequently, without expressing any opinion on the merits/ demerits of the case, I deem it just and proper to grant bail to the accused-applicant under Section 439 of the Cr.P.C. The bail application filed under Section 439 of the Cr.P.C. is allowed. The applicant-Malkeet Singh S/o Preetam Singh arrested in connection with FIR No. 151/2020 registered at Police Station Rajiyasar, District Sri. Ganganagar shall be released on bail on his furnishing personal bond in the sum of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each to the satisfaction of the trial Court. 10. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.