High Court of Punjab and HaryanaCRM-M/2835/2020allowed

Gurmeet Singh And Another v. State Of Haryana

2020-02-11Mr. Justice Ramendra Jain2 pages

-1CRM-M-2835 of 2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-2835 of 2020 Date of Decision: 11.02.2020 Gurmeet Singh and another

...Petitioners

Versus

State of Haryana ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. Satbir Gill, Advocate, for the petitioners. Mr. Chetan Sharma, AAG, Haryana.

RAMENDRA JAIN, J. (ORAL) Through instant petition under Section 439 Cr.P.C. has been made for grant of regular bail to petitioners, namely, Gurmeet Singh and Binder Singh in a case arising from FIR No.349 dated 29.08.2019 registered under Section 17 of the Narcotic Drugs and Pshychotropic Substances Act, 1985 at Police Station Rania.

Petitioners are facing trial in the aforesaid FIR on the allegations that on 29.08.2019, they were apprehended with conscious possession of 140 grams of opium.

Learned counsel inter alia contends that alleged recovery of opium does not fall under the category of "commercial quantity". Petitioners are in custody since 29.08.2019. Their earlier bail petitions were dismissed as withdrawn on 12.12.2019. Charges have not yet been framed. Conclusion of trial may take a sufficient long time. No useful purpose RAVINDER SINGH 2020.02.11 17:50 I attest to the accuracy and integrity of this document

-2CRM-M-2835 of 2020 would be served by detaining the petitioners in jail any more. On the other hand, learned State counsel vehemently opposed the grant of regular bail to the petitioners. Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioners - Gurmeet Singh and Binder Singh - are ordered to be released on bail during pendency of trial, if not required in any other case, on their furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned.

(RAMENDRA JAIN) February 11, 2020 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2020.02.11 17:50 I attest to the accuracy and integrity of this document