CRLMB5244/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.5244/2010 Munshi Khan Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 28.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Jai Prakash Gupta, Counsel for petitioner Shri G.S. Rathore, Public Prosecutor Shri Amit Punia, Counsel for complainant AVVNL #### By the Court:- Heard learned counsel for petitioner, learned Public Prosecutor as well as learned counsel for complainant AVVNL and perused the material made available to me during the arguments of the case. Learned Public Prosecutor and learned counsel for complainant opposed the bail application. Contention of learned counsel for petitioner is that 95 gram 'Ganja' is alleged to be recovered from the possession of the petitioner attracting offence under Section 8/20 of the N.D.P.S. Act, and maximum sentence provided therefor is six months imprisonment, because the small quantity of 'Ganja' is 1000 Gram and commercial quantity thereof is 20 Kg.; petitioner is in jail for quite some time; no further recovery is to be made from the petitioner; no previous case was registered against him. 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, Munshi Khan Son of Mohammad Shakur on bail under Section 439 Cr.P.C., in FIR No.109/2010, CRLMB5244/2010 // 2 // Police Station Sarwar, District Ajmer, for the offence punishable under Section 8/20 of the N.D.P.S. Act, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- 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//