Ravi Sharma @ Ravi v. State Of Punjab

CRM-M-6898-2023 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-6898-2023 Decided on:-14.02.2023 Ravi Sharma @ Ravi ....Petitioner..

vs.

State of Punjab ....Respondent.

CORAM:

HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Umesh Aggarwal, Advocate, for the petitioner.

Mr. Ravinder Singh, AAG, Punjab.

for respondent-State.

***** HARKESH MANUJA J. (Oral) By way of present petition, the petitioner prays for grant of regular bail during pendency of trial in case FIR No.171 dated 09.08.2022, under Section 304 IPC, registered at Police Station Ajnala, District Amritsar. Learned counsel for the petitioner submits that investigation in the present case already stands concluded with the filing of challan on 17.11.2022 and as such, there is no requirement of extension of custody as regards the petitioner. He also submits that besides his own disclosure statement, there is nothing to connect the petitioner with the alleged offence. Learned counsel also submits that neither any recovery of any narcotic substance effected from him nor there is any other evidence to connect him with the incident, thus, he prays for grant of concession of regular bail. On the other hand, learned State counsel submits that the custody in the present petition is much less and even charges have not been SONIKA 2023.02.14 18:22 I attest to the accuracy and authenticity of this document

CRM-M-6898-2023 --2-- framed so far.

I have heard learned counsel for the parties and gone through the paper book. I find merits in the submissions made on behalf of the petitioner.

In the present case, investigation already stands concluded with the filing of challan and the petitioner is behind the bars for the last more than 6 months now and there is no evidence de-hors his own disclosure statement, so as to connect him with the incident. Even from perusal of the disclosure statement of the petitioner, prima facie neither the petitioner brought the narcotic substance for the purpose of his own consumption besides the consumption made by the deceased nor any such substance was even recovered from him during the course of investigation. Considering the aforesaid facts and the fact that the trial is likely to take some time, further incarceration of the petitioner appears to be unjustified.

In view of the above, without expressing any opinion on the mertis of the case, the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail bonds and surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. 14.02.2023 (HARKESH MANUJA) sonika JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/ No SONIKA 2023.02.14 18:22 I attest to the accuracy and authenticity of this document