SHRI RAM Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as the learned Public Prosecutor for the State.

(2.) LEARNED counsel for the petitioner submits that accused is in custody for 90 days since his arrest and, investigation has not yet been completed and no challan has been filed, therefore, he is entitled to be released on bail under the provisions of Sec. 167, Cr. P. C.

(3.) I have carefully gone through the decision of this Court in Jarin Khan's case (supra), on which reliance has been placed by the learned Public Prosecutor. It appears that provisions of Sec. 36- A were not brought to the notice of the Court and decision in Jarin Khan's case (supra) is based on considering the provisions of Sec. 37 of the N. D. P. S. Act and, provisions of Section 36-A has not been considered. That being the position, in my opinion, the aforesaid, decision is distinguishable. The application of the petitioner is allowed. It is directed that the accused-petitioner Sri Ram son of Sankhal Ram, aged 65 years, by caste Sant r/o Jiwana, District Jalore (Raj.); shall be enlarged on bail, provided he furnishes a personal bond in a sum of Rs. 10,000/- (Rupees Ten thousand) with two sureties of Rs. 5,000/- (Rupees Five thousand) each to the satisfaction of Special Judge, under N. D. P. S. Act, Jodhpur in C. R. No. 113/92, Police Station Sayala; for his appearance in the aforesaid Court on each and every date of hearing or whenever called upon to do so till the final disposal of the trial. .