Firoz Khan vs State Of Rajasthan

Dinesh Mehta, J

The present bail application has been filed by the applicant under Section 439 of the Cr.P.C. in connection with FIR No.30/2020, registered at Police Station Hamirgarh, District Bhilwara for the offence under section 8/22 of the NDPS Act.

Learned counsel for the applicant submitted that the applicant is behind the bars since 05.03.2020 and the trial is proceeding at snail’s pace and out of 25 witnesses, statement of only 12 witnesses have been recorded so far.

Learned counsel for the applicant argued that the applicant’s right of fair and speedy trial is being prejudiced and that he is entitled to be enlarged on bail on the basis of the principles laid down by Hon’ble the Supreme Court in the cases of Rabi (Crl.) No. 4169/2023 and Mohd. Muslim @ Hussain vs. State (NCT of Delhi) reported in 2023 SCC Online SC 352.

Learned Public Prosecutor opposed the bail application inter-alia contending that the applicant is indulged in the business of illicit and contraband substances and, therefore, no indulgence be granted to him.

Heard learned counsel for the parties.

Considering the fact that the applicant is behind the bars for three years and eight months and that the co-accused (Zarina) has already been enlarged on bail by a coordinate Bench of this Court and considering the law laid down by Hon’ble the Supreme Court in the cases of Rabi Prakash vs. The State of Odisha : Special Leave to Appeal (Crl.) No. 4169/2023 and Mohd. Muslim @ Hussain vs. State (NCT of Delhi) reported in 2023 SCC Online SC 352, this Court is persuaded to enlarge the present applicant on bail.

The present bail application is allowed. It is ordered that applicant Firoz Khan S/o Iqbal Khan arrested in connection with FIR No.30/2020, registered at Police Station Hamirgarh, District Bhilwara shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court.

Applicant shall be required to appear before the trial Court on all dates of hearing and as and when called upon to do so.

Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall, however, not come in the way of the trial Court to take an independent view of the matter, based on ocular and oral evidence, while finally deciding the case.