CRLMB3066/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.3066/2010 Sushil Pandit Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 26.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Mukesh Sharma, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- 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 so far as present accused-petitioner is concerned, the only allegation against him is of supplying contraband material (charas) to co- accused Balraj Singh, which offence is punishable under Section 8/29 of the NDPS Act and this has come from the information given by him under Section 47 of the Evidence Act. Except this, there is no other criminal case of any nature pending against the petitioner. The bail application of such co-accused, namely, Krishna Kumar, Satya Prakash and Balraj Singh, who were found in possession of more than small quantity of contraband were rejected by this Court because they were found in possession of more quantity of 'charas' than the minimum quantity i.e. 100 gram. However, three co-accused Ashik Hussein, Manoj Soni and Zakir Mewati, from the possession of each of them 100 gram 'charas' was recovered, have been enlarged on bail by different orders passed by this Court. Petitioner is in jail since 3rd February, CRLMB3066/2010 // 2 // 2010; he would undertake not to indulge in such or any other kind of offence in future and maintain good conduct; challan has already been filed and trial of the case is likely to take a long time. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Sushil Pandit Son of Jagmohan on bail under Section 439 Cr.P.C., in FIR No.27/2010, Police Station Railway Colony, Kota, for offence under Sections 8/20, 8/29 of NDPS Act and Section 3/25 and 4/25 of Arms Act and Section 420, 467, 468 and 471 of the IPC, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. However, the surety to be submitted by the petitioner, shall be verified by the Tehsildar of the concerned area or any other competent revenue authority. However, in case petitioner is found indulged in repeating the similar offence at any point of time the prosecution will be at liberty to apply for cancellation of his bail before the court below itself. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//