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High Court of Punjab and HaryanaCRM-M/36635/2017dismissed

Sandeep v. State Of Haryana

2017-09-29Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-36635 of 2017 (O&M) Date of Decision: September 29, 2017 Sandeep

...Petitioner

VERSUS

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Suresh Kumar Kaushik, Advocate for the petitioner.

Mr.B.S.Virk, Deputy Advocate General, Haryana for the respondent-State.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 439 Cr.P.C. for grant of interim bail for one week (from 01.10.2017 to 07.10.2017) in case FIR No.322 dated 25.10.2016 under Sections 15 and 27A of the NDPS Act, registered at Police Station Bhattu Kalan, Fatehabad, District Fatehabad. Notice of motion was issued. Learned State counsel appeared and contested the petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. Learned State counsel argued that in view of the heavy recovery i.e. 440 kgs. of poppy husk from the petitioner and in view of the fact that presence of petitioner is not required for any ceremony to be Vineet Gulati 2017.10.04 16:46 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-36635 of 2017 -2performed at the time of marriage of his brother and sister, the interim bail should not be granted and there is every possibility that he may abscond. The perusal of the record shows that marriage is going to take place on 02.10.2017. There was no opportunity with the State to file reply in the matter due to shortage of time and one day notice has been given to the State.

Further, I find that the presence of the petitioner is not necessary at the time of marriage of his brother and sister. Parents of the petitioner are alive and if any ceremony is to be performed by the brother, then there is one another brother, who can perform the ceremony. In view of the above discussion and facts and circumstances of the present case, I do not find any ground to grant interim bail to the petitioner.

Therefore, finding no merit in the present petition, the same is dismissed.

September 29, 2017 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2017.10.04 16:46 I attest to the accuracy and authenticity of this document Chandigarh