1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. 2nd Bail Application No. 7944/2009 Irfan Hussain vs. State of Rajasthan Dated : 09.10.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Tarun Jain, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Mr. Tarun Jain Advocate on behalf of the applicant Irfan pertaining to F.I.R. No. 309/2009 at police station Nayapura, Kota, in the offence under Section 8/20 of NDPS Act. 2. Heard learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that the police after completion of investigation has filed the police report under Section 173(2) of Cr.P.C. in the Court, which is pending trial. 56 gms and 400 mlgms Charas is alleged to have been recovered from the possession of the petitioner, which is less than the small quantity as laid down in the NDPS Act. The maximum punishment prescribed for this offence is only six months. The petitioner has been in custody since 24.6.2009 and the trial of the case is likely to take time, hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor has not opposed the bail petition but has fairly conceded that the small quantity of Charas as mentioned in the Schedule of the Act is 100 gms and the recovered Charas is less than the small 2 quantity for which only six months' punishment is prescribed by the legislature. 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, I, without expressing any opinion on the merits of the case but keeping in view the changed fact situation, do feel inclined to grant indulgence of bail to the accused petitioner. 6. It is, therefore, ordered that the accused petitioner Irfan Hussin S/o. Abdul Aizaz in F.I.R. No. 309/2009 at police station Nayapura, Kota 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. 7. However, it is made clear that if the petitioner is found involved in any other criminal case of alike nature, the bail granted to the petitioner shall stand automatically cancelled without reference to this Court. A copy of this order may be sent to the concerned trial court as also to the concerned police station for their information. (MAHESH BHAGWATI),J. Mak/- s-9