SB Crlmb No.7032/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.7032/2010. Hemlata @ Hema Vs. State of Rajasthan Date of order : July 27, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sanjay Gangwar for petitioner. Shri Amit Poonia, Public Prosecutor for State. ****** Heard learned counsel for petitioner as well as learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for petitioner is that petitioner is alleged to have committed offence u/S.8/21 of the NDPS Act for being found in possession of 320 mgm. of Smack whereas, small quantify thereof is 5 gm. and commercial quantity of which is 250 gm. This is first offence of the petitioner. Petitioner is a lady and is presently carrying pregnancy of advanced stage and, therefore, she should be extended the benefit of Section 437 Cr.P.C. There is no previous case registered against the petitioner. Learned Public Prosecutor has opposed the bail application. SB Crlmb No.7032/10. 2 Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Hemlata @ Hema W/o Shri Hans Raj shall be released on bail in FIR No.105/2010 P.S. Seeswali, District Baran for offence u/S.8/21 of the NDPS Act on her furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for her appearance before that court on all dates of hearing until conclusion of the trial. However, in case the petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to her by this court in the present case would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioner, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned. (MOHAMMAD RAFIQ), J. anil