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Judgment
17 paragraphs · 344 wordsLawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus
(COVID-19).
The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.
No.41/2020, Police Station Bagadi Nagar, District Pali for the offence under Sections 8/15 & 8/29 of NDPS Act.
Heard learned counsel for the parties. Perused the material available on record.
Learned counsel for the petitioner submits that the charge- sheet in the case has been filed. He further submits that co- accused Prem S/o Oma Ram
has been enlarged on bail by the coordinate Bench of this Court vide order dated 03.12.2020. He submits that the case of the present petitioner stands
on a better footing than the case of the co-accused person who has been enlarged on bail. There is no recovery of contraband from the present
petitioner nor he was present at the place from where the recovery has been effected. The conclusion of trial will take sufficient long time, therefore,
it is prayed that the petitioner may be enlarged on bail.
Learned Public Prosecutor opposes the bail application. Having regard to the peculiar facts and circumstances of the case as also the present situation
of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.
Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner-Shera Ram @ Sher
Singh @ Sheru S/o Pokar Ram Khileri arrested in connection with F.I.R. No.41/2020, Police Station Bagadi Nagar, District Pali shall be released on
bail provided he furnishes a personal bond of Rs.1,00,000/- (Rupees: One Lac Only) with two sureties of Rs.50,000/- (Rupees : Fifty Thousand Only)
each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to
do so.
