CRLMB6871/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.6871/2010 Mahendra Kumar Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 29.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Ajay Singh, 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 allegation against the petitioner is that he was found in possession 10 kilogram of 'gaanja' whereas notified quantity thereof in the N.D.P.S. Act is 20 kilogram. This is the first offence of the petitioner; there is no other criminal case ever registered against the petitioner; the petitioner would undertake not to indulge in such or any other offence and would maintain good conduct in future. Learned counsel for petitioner submits that the petitioner may be given an opportunity to reform himself. 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, namely, Mahendra Kumar on bail under Section 439 Cr.P.C., in FIR No.287/2010, Police Station Kotwali Jhalawar, District Jhalawar, under Section8/20 of CRLMB6871/2010 // 2 // the 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 the petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to him 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 local area concerned. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//