BABULAL Vs. STATE

JUDGEMENT

(1.) Instant second bail application under Sec. 439 Cr.P.C. is laid on behalf of accused-petitioner, Babulal @ Rohit, who was apprehended pursuant to investigation into FIR No. 40/2014, registered at Police Station Desuri, District Pali, for offence punishable under Sec. 8 read with Sec. 15 of the NDPS Act.

(2.) Petitioner was apprehended on 29th of March 2014 and since then he is under incarceration. First bail application on behalf of petitioner bearing No. 7261/2017 was rejected on 12th of September, 2017 with the observation that trial Court is expected to proceed with trial and conclude the same as expeditiously as possible.

(3.) Espousing cause of the petitioner for grant of bail, it is submitted by learned counsel Mr. M.L. Bishnoi that so far there is no material progress in the trial inasmuch as only two prosecution witnesses are examined. It is also submitted that prosecution has cited forty witnesses, and therefore, conclusion of trial is not in offing in near future. Learned counsel further submits that despite the observation made by Court while rejecting first bail application, the trial Court has not taken care to expedite the trial. Learned counsel further submits that besides the present case, there is no other criminal antecedent of the petitioner showing his involvement in a case for offence under the NDPS Act. To substantiate his arguments for grant of bail, learned counsel has placed reliance on a decision of Supreme Court in the matter of Thana Singh v. Central Bureau of Narcotics [(2013) 2 SCC 590].