KALU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The jurisdiction of this Court has been invoked by way of filing an instant applications under Sec. 439 Cr.P.C. at the instance of accused-petitioners. The requisite details of the matter are tabulated herein below :--

(2.) It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are several flaws and laches in the case of the prosecution. He submits that the samples that were drawn by the SHO were not sent for FSL within 72 hours as per the mandate of Standing Order No. 1/88 dtd. 15/3/1988 issued by the NCB. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

(3.) Contrary to the submissions of learned Counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.