Sahib Khan v. State Of Haryana
--
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH (O&M) Date of Decision: 27.04.2023 ....Petitioner
Versus
...Respondent
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :
Mr. I.S. Saggu, Advocate for the petitioner.
HARSH BUNGER, J. (Oral) 1.
! " #$% "&'() )#" * "#*$ $ " ! "% "'+ ,'+,+,, * % ",- . "# %" % /* 0%" "!% % % (12 "$% "% "32 *4-5 6. , !" 070"###8 "# $ )"44 ""# "$%)46 *4" $#"# !" 9 "#0 $0 :"%" ' ) "0% #% ,3+&,+,'"# ! "#$ $ %" $ :"%" % "$$ 5%! " &
##% "# % ",,+,+,, " 4/ ; % "<$"*7 !*): * )" $ ! )" $ $ )" $ 8
"84 8%$"6 =6,2(7! ! % #"4#"4 ""#> 8*
-,- 4%: !" "7 *"*#"4/$ "" $" 8%$"6226?623&3 #"4 "*! 07 !!/ 0 ##%=8:**7$
/
) 5%
*47 #"4# " "$#""% *" 6226?623&37 %"4*%7 *$ " "! @0 8"# % "$ 4 ""#> " %% "2+ / 7 8!"4 "7%!$ 7 "* %%"% ! %"# A
##% %%:*7 #" %" %" !" ""#((2 *4 "# 4%:7%7 : "% "0 2 B%" $#" ! " 4 ! " #$ $0 4!$% ! % 4 4 "0!"8 " "# Narcotic Drugs and Psychotropic Substances% 7 " %"4!$7 "! 7 7 " 4"# $$*%"807%4: %"80" #$ # 4 $$*%"80"#((2*4 "# 4%:#$$ % *"0"# C"6%"44%$D% % "'<"# %" % /*
0%" "!% % % " % 5 4 ! " %$% "0 %,&+,+,, *"+3 4" +'0 ",3+&,+,'B%" $$ " 4 ! " " 8"$80" % " * " %"8 #"4 ! " %$$ ! % 8%* 8 #4B%" $# " $&!" % "7 ! % " 54 $$ the trial is likely to take long time and no useful purpose would be served by keeping him behind the bars any further. It is submitted that the petitioner had applied for grant of regular bail before the Additional
-'- Sessions Judge, Gurugram which has wrongly been dismissed vide order dated 19.01.2023 (Annexure P-2). B%" $# 4 ! " 0 " 0$$ %" " 40 4!"
0 )" " 0 $)" %%"*$0!0#"* "#*$
$ 4 3 B %" $"!!" !$"#! "#"* "# *$ $" *""# " "# "##% However, " " ! #% %$$ ! % 8 %* 8 #4It is also not disputed that the present petitioner is not involved in any other case.
7.
I have heard learned counsel for the parties and perused the paper book, status report as well as the custody certificate of the petitioner handed over by learned State counsel, in Court today. 8.
% ! " 0"* "0"#",,0 "#* #" $ 4" 54" ! % "0 % #% "% !** ! " %$$ ! % ! %* 8 #4 There are total 14 prosecution witnessesE"78"7 54 $$ o useful purpose would be served by keeping the petitioner behind bars.
( Keeping in view the aforementioned circumstances, the instant petition is allowed and the petitioner is ordered to be released on regular bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate concerned. However, the concerned Station House Officer shall be informed about the release of petitioner and the petitioner shall inform the concerned Station House Officer about his
-&- address at which he intends to reside during the pendency of case and any change in the address shall also be communicated to the concerned Station House Officer, forthwith. The petitioner would also furnish his telephone number to the concerned Station House Officer. He shall appear before the police station concerned on the first Monday of every month till the conclusion of the trial.
10.
In addition, the petitioner (or any one on his behalf) shall prepare a FDR in the sum of Rs.50,000/- and deposit the same with the trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioner from trial without sufficient cause. 11.
Nothing expressed here-in-above shall be construed to be an observation on merits of the case and the facts and circumstances recorded above are only for consideration of the prayer for bail at this stage. 12.
The petition is accordingly disposed of.
27.04.2023 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No