High Court of Punjab and HaryanaCRM-M/10049/2017allowed

Gurdial Singh v. State Of Punjab

2017-05-18Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-10049 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-10049 of 2017 Date of Decision: 18.05.2017 Gurdial Singh @ Bitu ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Rajeshwar Singh, Advocate for the petitioner.

Ms. Bhavna Gupta, DAG, Punjab.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.52 dated 17.04.2016 registered for offences punishable under Sections 21 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 read with Section 61 of the Excise Act, at Police Station Gate Hakiman Amritsar, District Amritsar.

Heard.

As per case of prosecution, the police conducted raid at the house of petitioner and recovered illicit liquor. During the raid, Raj Kumar son of the petitioner tried to climb stairs with a plastic envelope in his hand, which was also recovered and found containing 270 gms. of heroin. As to whether heroin was recovered from conscious possession of the petitioner is a fact, which will be seen and decided by the trial Court on the basis of evidence produced before it. Recovery was otherwise effected from possession of Raj Kumar and not from the petitioner. Jitender Kumar 2017.05.18 17:42 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-10049 of 2017 -2In view of above but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Gurdial Singh @ Bitu is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.

May 18, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.05.18 17:42 I attest to the accuracy and integrity of this document CHANDIGARH