High Court of Punjab and HaryanaCRM-M/17976/2018allowed

Sonu Khan @ Sonu v. State Of Punjab

2018-05-16Mr. Justice Augustine George Masih2 pages

CRM-M-17976 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-17976 of 2018 Date of Decision: 16.05.2018 Sonu Khan @ Sonu ....Petitioner

VERSUS

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

Present:

Ms. Prabhjeet Kaur, 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.242 dated 12.10.2017 registered for the offence punishable under Section 18 of Narcotic Durgs and Psychotropic Substances Act, 1985 at Police Station Shimlapuri, District Police Commissionerate Ludhiana. Heard.

Notice of motion.

On asking of the court, Ms. Monika Jalota, DAG, Punjab, 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.

Admittedly, recovery from the petitioner is of non-commercial quantity of contraband i.e. 2 kgs. of opium. He was arrested on 12.10.2017. Learned State counsel submits that challan has been presented in this case but FSL report is still awaited. Without expressing any opinion on merits of the case and Jitender Kumar 2018.05.17 09:31 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-17976 of 2018 -2keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Sonu Khan @ Sonu 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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 16, 2018 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2018.05.17 09:31 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH