High Court of Punjab and HaryanaCRM-M/13670/2017allowed

Gaffar v. State Of Haryana

2017-04-27Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-13670 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-13670 of 2017 Date of Decision: 27.04.2017 Gaffar ....Petitioner

VERSUS

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

Present:

Mr. Ranvijay Rana, Advocate for the petitioner.

******* 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. 1203 dated 19.12.2016 registered for offences punishable under Sections 18 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sadar Karnal, District Karnal. Heard.

Notice of motion.

On asking of the court, Ms. Harpreet Kaur, AAG, Haryana, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with her.

Learned State counsel submits that recovery of 100 gms. of opium was effected from the petitioner, which falls in non-commercial quantity.

The petitioner was arrested on 19.12.2016 and is in custody since then. Challan against him has not been presented. Jitender Kumar 2017.04.27 16:32 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-13670 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-Gaffar 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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.

April 27, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.04.27 16:32 I attest to the accuracy and integrity of this document CHANDIGARH