High Court of Punjab and HaryanaCRM-M/35875/2017allowed

Raman Sharma v. State Of Punjab

2017-09-28Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-35875 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-35875 of 2017 Date of Decision: 28.09.2017 Raman Sharma ....Petitioner

VERSUS

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

Present:

Mr. Sandeep Arora, Advocate for the petitioner.

******* 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.119 dated 15.06.2017 registered for the offence punishable under Section 21 of Narcotics Drugs and Psychotropic Substances Act, 1985 at Police Station Division No. 3, Jalandhar.

Heard.

Notice of motion.

On asking of the court, Ms. Simranjeet Kaur, AAG, Punjab, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with her.

Recovery effected from the petitioner is of 210 gms. of heroin, which falls in non-commercial quantity. The petitioner in this case was arrested on 15.06.2017 and is in custody since then. Learned State counsel submits that after completion of investigation, police has presented challan against the petitioner. Jitender Kumar 2017.09.28 17:03 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-35875 of 2017 -2Without 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-Raman Sharma 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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.

September 28, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.09.28 17:03 I attest to the accuracy and integrity of this document CHANDIGARH