1 40 S.B.CRIMINAL MISC. INTERIM BAIL APPLICATION NO.6035/2009 Manjeet Singh Vs. The State of Rajasthan DATE OF ORDER : 25th November 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.B.B.Singh,for the petitioner. Mr.Mahipal Bishnoi,Public Prosecutor for State. .... BY THE COURT The petitioner, accused of offences under Section 8/18 NDPS Act, has moved this application for grant of temporary bail for the reason of ailment of his wife. The regular bail application as moved by the petitioner (S.B.Criminal Misc.Bail Application No.3362/2009) was rejected on 29.10.2009 while noticing that the petitioner is accused of the offences aforesaid with recovery of about 7.400 kilograms of opium. The prayer for temporary bail as made by the petitioner was declined by the learned Special Judge for want of necessary particulars and convincing medical opinion and so also with the observations that substantial number of accused persons who had been granted indulgence of temporary bail failed to return even while the amount of bonds/surety was deposited. The learned Special Judge also observed that the petitioner's brother Baaz Singh has been released on bail; and appropriate arrangements for the treatment of the wife of the petitioner could be made. Though failure on the part of some other accused persons to return to custody upon expiry of the period of 2 temporary bail, by itself, cannot be taken to be a ground for refusing temporary bail indiscriminately but then, such a factor cannot be ignored altogether particularly when of recurrence in the serious nature cases like those under NDPS Act involving commercial quantities. This Court is clearly of opinion that grant of temporary bail could be considered only in the rare cases of extreme hardship or such compelling circumstances where denial of temporary bail might result in serious prejudice and rather irreparable injury; but, in any case, the same cannot be permitted to be used as a substitute to secure release on one pretext or another. The circumstances have been noticed by the learned Trial Court in this case that neither any definite expert opinion was available for surgery; and that the petitioner's brother Baaz Singh who has otherwise been released on bail in this very case was available to make arrangements for the treatment, if necessary. This Court is satisfied that the learned Trial Court has rightly rejected the prayer for temporary bail in this case; and there appears no reason to grant indulgence to the petitioner. Accordingly, this application for temporary bail moved on behalf of the petitioner Manjeet Singh s/o Sohan Singh under Section 439 Cr.P.C. stands rejected. (DINESH MAHESHWARI),J. s.soni