AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioners who are in custody in connection with F.I.R. No.40/2017, registered at Police Station Sendra, District Pali for the offences under Sections 8 / 15 and 29 NDPS Act.
The petitioners were arrested on 06.03.2017 while carrying
14 Kgs. contraband poppy straw on a motorcycle. It is stated by the learned counsel for the petitioners that despite custodial period of the accused having exceeded 60 days, till date charge-sheet has not been filed by the I.O. He thus urges that the petitioners deserve to be enlarged on bail.
Learned Public Prosecutor vehemently opposes the submission advanced by the petitioner's counsel.
Having regard to the facts and circumstances available on record and particularly considering that the petitioners are in custody for more than two months with the allegation of being found in possession of 14 kgs. contraband poppy straw which is well below commercial quantity but without expressing any opinion on the merits of the case, this Court is of the opinion that they deserve to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioners (1) Guman Ram and
(2) Rajuram arrested in connection with the F.I.R. No.40/2017, registered at Police Station Sendra, District Pali shall be released on bail provided each of them furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each 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.