High Court of Punjab and HaryanaCRM-M/4032/2019allowed

Sitender @Bholu v. State Of Haryana

2019-02-05Mr. Justice Ramendra Jain2 pages

-1CRM-M-4032 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-4032 of 2019 Date of Decision: 05.02.2019 Sitender @ Bholu

...Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. Ashwani Gaur, Advocate, for the petitioner. Mr. Munish Sharma, AAG, Haryana.

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.251 dated 02.10.2018 registered under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Baroda, District Sonepat.

According to the prosecution, on 02.10.2018 petitioner was apprehended with conscious possession of 1 kg 10 grams of charas. Learned counsel for the petitioner inter alia contends that alleged recovery effected from the petitioner is only 10 grams above the quantity which falls under the "non-commercial quantity". Weight of the polythene in which alleged recovery was effected, if reduced, then the alleged recovery allegedly effected from the petitioner falls under the "noncommercial quantity". Petitioner is in custody since 02.10.2018. Conclusion of trial may take a sufficient long time. No useful purpose RAVINDER SINGH 2019.02.06 10:53 I attest to the accuracy and authenticity of this document

-2CRM-M-4032 of 2019 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 his furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned.

(RAMENDRA JAIN) February 05, 2019 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2019.02.06 10:53 I attest to the accuracy and authenticity of this document