High Court of Punjab and HaryanaCRM-M/30484/2018allowed

Sudhir Kumar v. State Of Punjab

2018-07-26Mr. Justice Augustine George Masih2 pages

CRM-M-30484 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-30484 of 2018 Date of Decision: 26.07.2018 Sudhir Kumar ....Petitioner

VERSUS

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

Present:

Mr. Gurpal Singh Sandhu, Advocate for the petitioner.

Mr. Amitoj Singh Dhaliwal, DAG, Punjab.

******* 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.79 dated 06.06.2018 registered for the offence punishable under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Gidderbaha, District Sri Muktsar Sahib. Heard.

As per case of prosecution, the petitioner was apprehended by the police and recovery of 8 bottles of cough syrup 'Onerex' was effected from his possession.

Learned State counsel submits that recovery effected from the petitioner is of non-commercial quantity of contraband and sample taken by the police has been sent to FSL for report but the same is still awaited. In 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-Sudhir Jitender Kumar 2018.07.26 16:53 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-30484 of 2018 -2Kumar 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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.

July 26, 2018 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2018.07.26 16:53 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH