1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Criminal Misc. Bail Application No.6479/2009 Mahesh Kumar v/s State of Rajasthan Date : 24.8.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Vijay S. Shekhawat, for accused petitioner. Mr. G.S. Fauzdar, Public Prosecutor, for State. This order governs the disposal of bail petition filed under section 439 of Cr.P.C. by Mr. Vijay Singh Shekhawat Advocate on behalf of the applicant Mahesh Kumar pertaining to FIR No.43/2008 of Police Station Mandawa in the offence under section 8/15 of N.D.P.S. Act. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material available on record. 3. Recovery of 3.500 kgms of Doda Post Chura is alleged to have been made from the possession of the petitioner. Learned counsel for the petitioner has contended that the quantity of recovered Doda Post Chura is ofcourse, more than small quantity but much less than commercial quantity as prescribed in the Schedule appended to the Act. The petitioner has been in custody since 10.4.2008 and the case is pending trial. During a period of one and half years, only two witnesses have been examined. Seventeen dates of hearing were granted by the learned trial court for recording the statements of the witnesses but on these dates, none of the witnesses appeared. Hence, the petitioner may be granted indulgence of bail. 2 4. Learned Public Prosecutor has opposed the bail petition. 5. Having considered the submissions made at the Bar and perused the relevant material available on record, I, without expressing any opinion on the merits of the case, do feel inclined to grant bail to the accused petitioner and the bail petition is ordered to be allowed. 12. It is, therefore, ordered that the accused petitioner Mahesh Kumar S/o Shri Rameshwar lal in FIR No.43/2008 of Police Station Mandawa, shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- together with two surety bonds each in the sum of Rs. 25,000/- to the satisfaction of the learned trial court with the stipulation that he shall appear before that court on all dates of hearing and as and when called upon to do so till the trial is concluded. 13. However, it is made clear that in case, the petitioner is arrested in any offence of alike nature, the bail granted to him shall automatically stands cancelled without reference to this Court. A copy of this order be sent to the concerned police station as also to the concerned court for information. (MAHESH BHAGWATI)J. Mak/- s-9