High Court of Punjab and HaryanaCRM-M/35803/2018allowed

Shubham Mattu v. State Of Punjab

2018-08-24Lok Adalat Bench - 12 pages

-1CRM-M-35803 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-35803 of 2018 Date of Decision: 24.08.2018 Shubham Mattu ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Rishu Mahajan, Advocate, for the petitioner. Mr. Amandeep S. Gill, 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 Shubham Mattu in a case arising from FIR No.149 dated 11.07.2018 registered under Section 21/29 of the Narcotic Drugs and Psychotropic Substances Act and Sections 353, 186, 323, 506 and 34 IPC at Police Station Chheharta, District Amritsar. According to the prosecution, petitioner was found involved in the instant case on the basis of disclosure statement of his co-accused Shashi.

Learned counsel for the petitioner inter alia contends disclosure statement of a co-accused is a very weak type of evidence. The police forcibly and illegally recorded the alleged disclosure statement of the petitioner that he had purchased the contraband i.e. 260 grams of heroin from co-accused Shashi for further sale, but nothing was recovered from the petitioner. Petitioner is in custody since 11.07.2018. Conclusion of trial RAVINDER SINGH 2018.08.24 17:34 I attest to the accuracy and authenticity of this document may take a sufficient long time. No useful purpose would be served by keeping the petitioner behind bars.

-2CRM-M-35803 of 2018 Learned State counsel has vehemently opposed the grant of regular bail to the petitioner.

Considering overall 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) August 24, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.08.24 17:34 I attest to the accuracy and authenticity of this document