Surender Kumar v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-13839 of 2020 (O&M) DATE OF DECISION : 01.09.2020 Surender Kumar

...Petitioner

Versus

State of Haryana

...Respondent

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Narinder Lucky, Advocate, for the petitioner.

Mr. Bhupender Singh, DAG, Haryana.

(Presence marked through video conference) ARUN MONGA, J. (ORAL) Petitioner seeks anticipatory bail in case FIR No.101 dated 09.04.2020, registered under Section 188 IPC and Sections 21/27(a)/29 of NDPS Act, registered at Police Station Sadar Rohtak, District Rohtak. 2.

Learned counsel for the petitioner submits that pursuant to order dated 07.07.2020, the petitioner has joined the investigation and has fully cooperated in the same.

3.

Learned State counsel, under instructions of SI Baje Singh, submits that though the petitioner has joined the investigation but he is not disclosing the name of person from whom he allegedly bought the recovered contraband.

4. While on the other hand, the allegations in the FIR reveal that petitioner had purchased the contraband from the co-accused Farul and Magan. The said co-accused have already been granted the concession of bail by the learned Sessions Court. The factum of granting them bail is not controverted by the learned State counsel.

SONU 2020.09.02 08:36 I attest to the accuracy and integrity of this document

5.

As regards non-disclosure of the names by the petitioner from whom he had purchased the contraband, the same, as mentioned aforesaid, is belied by the allegations in the FIR itself.

5.

In view of the above, since the petitioner has already joined the investigation, the petition is allowed. Order dated 07.07.2020 granting interim anticipatory bail to the petitioner is made absolute, subject to the petitioner's complying with provisions under Section 438(2) Cr.P.C. (ARUN MONGA) September Ist 2020 JUDGE Shalini Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONU 2020.09.02 08:36 I attest to the accuracy and integrity of this document