High Court of Punjab and HaryanaCRM-M/16374/2018allowed

Banti v. State Of Haryana

2018-04-30Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.16374 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.16374 of 2018 Decided on: 30.04.2018 Banti ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. S.S. Gill, Advocate for the petitioner.

Mr. Himmat Singh, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner in FIR No.102 dated 31.01.2018, for offence punishable under Sections 20, 25, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') registered at Police Station City Thanesar, District Kurukshetra. Counsel for the petitioner has submitted that the petitioner is an old lady aged about 67 years and as per the allegation in the FIR, the co-accused Rajni has kept the contraband in her house and in lieu thereof, the petitioner got some money. It is further submitted that it will be a debatable issue whether the petitioner was found in possession of the contraband as per the allegation in the FIR or not. It is also submitted that the petitioner is in judicial lock up since 31.01.2018 and it will take some time in conclusion of the trial. Counsel for the State, on instructions from ASI Mahender Mohd. Yakub 2018.04.30 18:02 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.16374 of 2018 Singh, submits that the petitioner is not involved in any other case under the NDPS Act and as per the investigation, it is found that the petitioner has rented out the portion of the house to co-accused Rajni, from where the recovery was effected.

Without commenting anything on merits of the case and considering the fact that the petitioner is an old lady aged about 67 years; she is not involved in any other case; she is in judicial lock up since 31.01.2018; the challan has been presented; charges are yet to be framed and the FSL report is still awaited, this petition is allowed and the petitioner is ordered to be released on bail subject to furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) JUDGE 30.04.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.04.30 18:02 I attest to the accuracy and authenticity of this document Chandigarh