CRLMB4083/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4083/2010 Gordhan Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 07.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Sajid Ali, 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 the contraband that has been recovered at the instance of the accused-petitioners is 2.200 Kg. Of 'gaanja', which is far less than the notified commercial quantity, and does not attract the offence under Section 8/20 of the N.D.P.S. Act. Learned counsel cited the judgment of this Court in Shaffi Mohammed & Others Vs. State of Rajasthan – 2005 (4) RDD 634 (Raj.), and argued that it has been the trend of the courts to enlarge accused- persons on bail pending the trial but after the challan has been filed. It is contended that there is no other case involving such offence pending against the accused-petitioners. The petitioner was arrested on 22.02.2010 and since then he is in jail. 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, CRLMB4083/2010 // 2 // namely, Gordhan Son of Kanwar Lal on bail under Section 439 Cr.P.C., in FIR No.54/2010, Police Station Morak, District Kota, under Sections 8/20 of 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 similar or any other offence at any point of time in future, the bail granted to him would be liable to be cancelled at the instance of the prosecution. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//