BHERARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioners have been arrested in FIR No. 37/2014 of Police Station Jhanwar, District - Jodhpur for the offences punishable under Sec. 8/18 of NDPS Act. They have preferred these bail applications under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioners has submitted that as per the prosecution story, the petitioner along with three other persons viz. Omaram @ Om Prakash, Parbat Singh and Bheraram were arrested on 7/4/2018 while transporting poppy straw weighing 137.300 kgs. in seven bags. Learned counsel for the petitioners has submitted that the trial against the petitioner and other co-accused persons are going on since 2015, however, till date only 15 witnesses have been examined and 24 more witnesses still remain to be examined. It is submitted that a Coordinate Bench of this Court vide order dtd. 6/5/2019 passed in S.B. Criminal Misc. Second Bail Application No. 2392/2019 (Omaram @ Om Prakash v. State) has granted bail to co-accused Omaram @ Om Prakash while taking into consideration that the trial is being delayed without any fault of the accused persons. Learned counsel for the petitioners has submitted that the case of the petitioners are on similar footing and they are also entitled to be enlarged on bail.