Raj Kumar v. State Of Haryana

CRM-M No.36515 of 2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.36515 of 2018 (O&M) Decided on: 29.10.2018 Raj Kumar ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Jagjeet Beniwal, Advocate for the petitioner.

Mr. Himmat Singh, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.452 dated 20.07.2018, for offence punishable under Sections 20 and 27-A of the Narcotic Drug and Psychotropic Substances Act, 1985 (in short 'the NDPS Act'), registered at Police Station Sadar Dadri, District Charkhi Dadri.

Counsel for the petitioner has submitted that the petitioner is in judicial custody since 21.07.2018 and he was not named by the secret informer as well as in the FIR. It is further submitted that the coaccused of the petitioner qua whom the secret information was received, had named the petitioner and on his disclosure statement, the petitioner was arrested.

Counsel for the petitioner has further argued that the petitioner is not involved in any other case and conclusion of the trial MOHD YAKUB 2018.10.29 16:02 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.36515 of 2018 (O&M) will take some time.

Counsel for the State has filed the Custody Certificate today in the Court and on instructions from SI Naresh Kumar has argued that challan has been presented and charges have been framed, however, no witness of the prosecution has been examined, so far. Without commenting anything on merits of the case, considering the fact that the petitioner is in custody for the last about 31⁄2 months; he is not involved in any other case; no witness of the prosecution has been examined yet and conclusion of the trial is likely to take some time, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds, to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate. However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 29.10.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.10.29 16:02 I attest to the accuracy and authenticity of this document High Court, Chandigarh