S.B.CR. MISC. BAIL APPLICATION NO.7771/2008 HEMANT PARASHAR @ DOCTOR VS. STATE OF RAJ. 22.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Sanjay Gangwar, for the petitioner. Mr. Jinendra Jain, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C by Shri Sanjay Gangwar, Advocate on behalf of the applicant Hemant Parashar @ Doctor pertaining to F.I.R. No. 193/2008 of Police Station Pushkar, District Ajmer in the offence under Section 8/20 of N.D.P.S. Act. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. The learned counsel for the petitioner has contended that a small quantity of 360 grams of ganja is alleged to have been recovered from his possession which is punishable only six months imprisonment and triable by the Court of Judicial Magistrate First Class, hence, he may be released on bail. The learned Public Prosecutor has opposed the bail petition on the ground that it is a serious offence and Section 37 of N.D.P.S. Act barred granting of bail. Having considered the submissions made at the bar and scanned the material on record, it is noticed that Section 20 does not fall within the ambit of Section 37(1) (B) of N.D.P.S Act. Thus the Bar envisaged therein is not applicable in the instant case. Without expressing any opinion on the merits of the case, I feel inclined to grant bail to the accused petitioner. -2- It is, therefore, ordered that the accused petitioner Hemant Parashar @ Doctor S/o Shri Shiv Prasann Parashar, in FIR No.193/2008, Police Station Pushkar, District Ajmer, shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rs. Fifty Thousand) together with two surety bonds each 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. (MAHESH BHAGWATI)J. PCG