High Court of Punjab and HaryanaCRM-M/31112/2017allowed

Gaurav Kumar v. State Of Punjab

2017-10-11Mrs Justice Daya Chaudhary2 pages

-1CRM-M-31112 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-31112 of 2017 Date of Decision: 11.10.2017 Gaurav Kumar ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Ms. Gagan Mohini, Advocate, for the petitioner. Ms. Bhavna Gupta, DAG, Punjab.

RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 439 Cr.P.C. has been made for grant of regular bail to petitioner - Gaurav Kumar - in a case arising from FIR No.144 dated 25.09.2013 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act registered at Police Station Sirhind, District Fatehgarh Sahib.

Earlier, the petitioner was granted regular bail. Since he did not appear on 13.06.2017 during trial before the learned Special Judge, his bail was cancelled. Thereafter, the petitioner surrendered before the Court on 19.07.2017 along with an application for regular bail, which was dismissed on 09.08.2017.

Learned counsel for the petitioner contends that absence of the petitioner on 13.06.2017 during trial was not intentional or deliberate rather was on account of noting down the wrong date. The petitioner surrendered before the trial Court himself. The conclusion of trial will take a long time. Ravinder Singh 2017.10.12 13:03 I attest to the accuracy and authenticity of this document No useful purpose would be served by keeping the petitioner behind bars

-2CRM-M-31112 of 2017 during trial.

On the other hand, learned State counsel vehemently opposed prayer for grant of regular bail.

Considering over-all facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioner is ordered to be released on bail, on his furnishing bail bonds and surety bonds, to the satisfaction of Trial Court/Duty Magistrate concerned.

(RAMENDRA JAIN) October 11, 2017 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No Ravinder Singh 2017.10.12 13:03 I attest to the accuracy and authenticity of this document