Jyoti v. State Of Punjab

-1CRM-M-4054 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-4054 of 2019 Date of Decision: 01.02.2019 Jyoti

...Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Ms. G.K. Mann, Advocate, for the petitioner.

Mr. Harpreet Multani, AAG, Punjab.

RAMENDRA JAIN, J. (ORAL) Through this petition under Section 439 Cr.P.C. prayer has been made for grant of regular bail to the petitioner in a case arising from FIR No.0152 dated 30.11.2018 registered under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Maqboolpura, District Police Commissionerate, Amritsar. According to the prosecution, on 30.11.2018, petitioner along with his mother Surinder Kaur and sister-in-law (bhabhi) Rajni was caught red-handed while packing 1380 intoxicant tablets in small pouches by taking out from a big bag.

Learned counsel for the petitioner inter alia contends that petitioner is innocent. She has falsely been implicated in the aforesaid FIR. Petitioner is a married woman having two children. The house from where the alleged recovery of 1380 intoxicant tablets has been made does not belong to the petitioner, rather it is her parental home. On the date of RAVINDER SINGH 2019.02.01 17:31 I attest to the accuracy and authenticity of this document

-2CRM-M-4054 of 2019 alleged incident, she had visited her parental home to see her mother. However, in the meantime, alleged raid was conducted and petitioner was falsely implicated. Petitioner is in custody since 30.11.2018. Conclusion of trial may take a sufficient long time. No useful purpose would be served by detaining the petitioner in jail any more.

On the other hand, learned State counsel vehemently opposed the grant of regular bail to the petitioner.

Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioner is ordered to be released on bail during pendency of trial, on her furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned.

(RAMENDRA JAIN) February 01, 2019 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2019.02.01 17:31 I attest to the accuracy and authenticity of this document