High Court of Punjab and HaryanaCRM-M/13318/2018allowed

Mohammad Deen v. State Of Haryana

2018-05-23Mr. Justice Augustine George Masih2 pages

CRM-M-13318-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-13318 of 2018 (O&M) Date of Decision: May 23, 2018 Mohammad Deen ..........PETITIONER(s).

VERSUS

State of Haryana ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Abhilaksh Grover, Advocate for the petitioner (s).

Mr. Deepak Grewal, DAG, Haryana.

******* 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. 71 dated 14.02.2018 registered for the offences punishable under Sections 15, 29 of Narcotic Durgs and Psychotropic Substances Act at Police Station Farakpur, District Yamuna Nagar.

Heard.

The police of Police Station Farakpur apprehended one Rinku and effected recovery of 240Kg. of poppy husk from him. The petitioner was arrested on the disclosure statement of Rinku that he had brought the poppy husk from the petitioner.

Learned State counsel submits that after completion of investigation, the challan has been presented against the petitioner and the Jyoti 2018.05.23 17:39 I attest to the accuracy and authenticity of this document

CRM-M-13318-2018 -2case is fixed for 24.05.2018 for framing of charge. Keeping in view the fact that no recovery was effected from the petitioner, the present petition is allowed. Petitioner-Mohammad Deen is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned 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b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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 prior permission of the Court.

( SURINDER GUPTA ) May 23, 2018 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2018.05.23 17:39 I attest to the accuracy and authenticity of this document