RAJU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present fourth bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.77/2020 Police Station Nikumbh, District Chittorgarh for the offences punishable under Sec. 8/15 of the NDPS Act. Earlier bail application was decided on 4/1/2024 by this Court. Learned counsel for the petitioner submits that upto this time no witnesses have been examined before the trial Court. In support of his contentions, learned counsel placed reliance on the recent order dtd. 13/7/2023 passed by Hon'ble the Supreme Court in the case of Rabi Prakash vs. The State of Odisha (Special Leave to Appeal (Crl.) No.4169/2023), wherein Hon'ble the Supreme Court held as under:-

(2.) Learned counsel for the petitioner has further placed reliance on the decision dtd. 28/3/2023 rendered by Hon'ble the Supreme Court in Mohd Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave Petition (Crl.) No(s).915 of 2023, wherein it is observed by the Hon'ble Supreme Court that delay in trial can also be considered for releasing accused person on bail despite the restrictions imposed under Sec. 37 of the NDPS Act and in the light of the judgment passed by the Hon'ble Supreme Court in Mohd Muslim @ Hussain's case (supra), the petitioner is entitled to be enlarged on bail.

(3.) The petitioner is in the judicial custody since 9/8/2020 i.e. more than three years and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner. Learned Public Prosecutor has submitted that recovered contraband is commercial quantity, therefore, benefit of bail may not be granted to the petitioner. I have considered the arguments advanced before me and gone through the material available on record.