SHAITAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.256/2021 Police Station Kotwali, District Jaisalmer registered for the offences punishable under Ss. 323, 326, 307, 458 and 460/34 of IPC and Ss. 4/25 and 5/27 of Arms Act. The first bail application was rejected on 9/9/2022 by this Court.

(2.) Learned counsel for the petitioner submits that the petitioner is inside jail since 7/5/2022 and up to this time, no witness has been examined before the trial court and the other co-accused persons have already been enlarged on bail. 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:-

(3.) 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.