RAMESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Mr. Bajwa has placed reliance on an order dated 28th July, 1990 passed in S.B. Cr. M.B.A. No. 149/90 in which the allegation was; the recovery of attach carrying 2.650kg. opium under the feet of the accused Jassa Singh in taxi jeep. Mr. Bajwa submits that in the facts and circumstances of this case the allegation with regard to the recovery are identical. Nothing has been recovered straight way from Ramesh Kumar and in the facts and circumstances of this case it is only 1.800 kg opium has been recovered from Jassa Singh. The petitioners are said to be in judicial custody since 11.12.1991.

(2.) Without expressing any opinion on the merits of the case, having perusal the record in the facts and circumstances of this case, I am inclined to accept this bail application under section 439, Crimial P.C.

(3.) It is therefore, ordered that accused-petitioners Ramesh Kumar S/o Karam Chand and Jassa Singh alias Jaswant Singh S/o Suraj Singh be released on bail provided each of them furnishes a personal bond in the sum of Rs. 10,000 (Ten Thousand) with two sureties of Rs. 5,000 (Five Thousand) each to the satisfaction of the trial Court to appear before it as and when called upon to do so during the pendency of the trial against them. Bail granted.