SBCRLMB No.5776/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. ORDER S.B.CR.MISC.BAIL APPLICATION NO.5776/2010. Lakhan Mali Vs. State of Rajasthan Date of Order:- July 20, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Dinesh Singh, Counsel for petitioner. Shri G.S. Rathore, Public Prosecutor. ****** Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that the quantity of contraband Smack that has been recovered from the petitioner is 100 gms. whereas, commercial quantity of the contraband smack is 250 gms. There is only one case pending against the petitioner. This Court vide its order dated 22/3/2010 denied bail to co-accused Bharat Arora on consideration of fact that several cases were SBCRLMB No.5776/10. 2 pending against him but however subsequently the court of sessions itself granted him benefit of bail. Petitioner is in jail since 27/9/2009. The challan has been filed. Trial of the case will take a long time. He would undertake not to repeat the similar offence in future and maintain a good conduct. Learned Public Prosecutor has opposed the bail application. Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner – Lakhan Mali S/o Shri Ram Narayan Mali shall be released on bail in FIR No.347/2009 P.S. Kunhadi, District Kota City for offence under Section 8/21 of the NDPS Act on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial. SBCRLMB No.5776/10. 3 However, in case the petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to him by this court in the present case would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioner, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned. (MOHAMMAD RAFIQ) J. anil