Salman @ Kayum v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Misc. No. M-35385 of 2016 Date of decision : December 08, 2016 Salman alias Kayum ....Petitioner versus State of Haryana ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Ms Deepa Jain, Advocate, for the petitioner Mr. C.S.Brar, DAG, Punjab, for the respondent Fateh Deep Singh, J. (Oral) The allegations against petitioner Salman alias Kayum in this regular bail application under section 439 Cr.P.C. are that on 6.7.2016, the police accosted his co-accused non-petitioner Rajpal and from whom 1.100 kgs of ganja, a non-commercial quantity, punishable under section 20 of the NDPS Act has been recovered.

The contentions of the learned counsel for the petitioner are that the petitioner is in custody since 27.7.2016 and the only semblance of evidence against the petitioner is statement of his co-accused. The learned State counsel has not controverted the factual position. In view of the very admissibility of the statement of the coaccused being a debatable issue and its legal affect can only be gone into at the time of trial and the fact that the trial is not likely to be concluded in near future, without adverting to the merits of the case, the instant Dalbir Singh Tiwana 2016.12.09 10:16 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-35385 of 2016 -2application is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Faridabad.

The present petition stands disposed off accordingly. ( Fateh Deep Singh ) December 08, 2016 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No Dalbir Singh Tiwana 2016.12.09 10:16 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.