CRLMB4165/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4165/2010 Kishanlal Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 14.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Ashvin Garg, 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 offence alleged in the FIR is that of Section 8/18 of the NDPS Act for exceeding the limit of license of possessing poppy husk; the license was in the names of Babu Lal, Ashok Kumar and Ishwar Singh; petitioner was merely a power-of- attorney-holder of Ishwar Singh and, being his son, he was looking after business of Ishwar Singh. All other co-accused, namely, Sumer Singh, Ashok Kumar, Sanjeev and Subhash Chand have already been enlarged on bail by different coordinate Benches of this Court. 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, Kishanlal Son of Shri Ishwar Singh on bail under Section 439 Cr.P.C., in FIR No.398/2002, Police Station Behrod, District Alwar, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees one lac only) with two sureties of Rs.50,000/- each, to the satisfaction CRLMB4165/2010 // 2 // of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. However, in case petitioner is found involved in repeating the similar offence at any point of time the prosecution will be at liberty to apply for cancellation of his bail. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//