BALJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application under Sec. 439 CrPC has been preferred on behalf of the accused applicant Baljeet Singh, who is in custody since last nearly 5 years in connection with FIR No. 157/2014 registered at the Police Station Taranagar, District Churu for the offence under Sec. 8/15 of the NDPS Act.

(2.) Learned Public Prosecutor had submitted a factual report, which indicates that the petitioner was convicted for the offence under Sec. 8/15 of the NDPS Act by a Special Court at Haryana. Learned counsel for the applicant has placed on record a copy of the judgment dtd. 24/12/2014, by which, the accused appellant has been acquitted in the said case. In the present case, out of the 23 listed witnesses, only 11 have been examined till date. Manifestly, thus, the prosecution is responsible for delay in disposal of the trial. Accordingly and keeping in view the observations made by this court in the case of Ishwar Singh v. The State of Rajasthan (S.B. Criminal Misc. 2nd Bail Application No. 6030/2017 decided on 14/7/2017), this court is duly satisfied that the conditions of Sec. 37 of the NDPS Act are satisfied and hence, the accused applicant deserves to be released on bail during pendency of the trial.

(3.) Consequently, the bail application is allowed. It is ordered that the accused applicant namely Baljeet Singh S/o Dheer Singh arrested in connection with F.I.R. No. 157/2014 registered at the Police Station Taranagar, District Churu shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000.00 and two sound and solvent sureties of Rs.50,000.00 each (both of local persons) to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.