RAJMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These second applications for bail under Sec. 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIR No.VII(IO)08/NCB/JZU/2020 registered at NCB, Jodhpur, for offences under Ss. 8/18, 25 and 29 of the NDPS Act. As per the prosecution, team of NCB, Jodhpur, on 12/3/2020, recovered contraband (opium) greater than commercial quantity from conscious possession of the present petitioners. They were arrested on the spot. Learned counsel submitted that the petitioners are in custody since 12/3/2020. It was also submitted that trial against the petitioners has commenced but in last more than 3 years and 10 months, out of the total 11 cited prosecution witnesses, only 5 witnesses have been examined till date. Learned counsel submitted that the delay in trial before the competent criminal court is not at all attributable to the present petitioners. Learned counsel thus submitted that in view of the fact that the petitioners are in custody for last more than 3 years and 10 months and the delay in trial is not attributable to them, they deserve to be enlarged on bail. In support of his contentions, learned counsel placed reliance on the 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.) It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.