CRLMB4310/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4310/2010 Sh. Mahir Khan Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 05.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Rajesh Jain, 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. Learned counsel for petitioner has argued that allegation against petitioner is that 550 gram 'charas' was recovered at his instance and thereby attributing offence under Section 8/20 of the N.D.P.S. Act, 1950. It is contended that the petitioner was arrested on 15.10.2008 and the quantity of 'charas' recovered at his instance was less than the commercial quantity notified under the Act, which is 1 kg.; petitioner is in jail for last almost two years; trial of the case is likely to take a long; there is no other case pending against the petitioner. 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, Mahir Khan Son of Ahmed Khan on bail under Section 439 Cr.P.C., in FIR No.167/2008, Police Station Klock Tower, Ajmer, under Section 8/20 of CRLMB4310/2010 // 2 // the N.D.P.S. Act, 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, 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//