Gurcharan Singh Alias Phuman v. State Of Haryana

KUMAR MANOJ 2015.12.19 13:49 I attest to the accuracy and integrity of this document CRM-M- 37955 of 2015 #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH CRM-M- 37955 of 2015 Date of Order: 18.12.2015 Gurcharan Singh ....Petitioner

Versus

State of Haryana ....Respondent

CORAM:

HON'BLE MR. JUSTICE AJAY TEWARI

Present:

Mr. P.S. Sekhon, Advocate for the petitioner. Ms. Tanushree Gupta, DAG, Haryana.

*** 1.

Whether Reporters of Local Newspapers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest ? AJAY TEWARI, J (ORAL) Prayer is for grant of regular bail in case FIR No.449 dated 13.7.2015 under Sections 15/27-A/61/85 of the NDPS Act. Learned counsel for the petitioner has argued that there is no direct evidence against the petitioner and that he has been in custody approximately for four months. It is further contended that the alleged recovery was effected from an empty car, which does not belong to him and that he has been arrested only on the disclosure statement of the owner of that car.

Reply by way of affidavit dated 17.12.2015 of Shamsher Singh, DSP (HQ) Fatehabad on behalf of respondent No.1 has been filed in court today, which is taken on record.

Learned state counsel, on instructions from SI Kishore Lal and

CRM-M- 37955 of 2015 #2# DSP Shamsher Singh, has although accepted the factual assertions however prayed that the bail should be declined.

Without commenting upon the merits of the case, and keeping in view the fact that the trial is not going to conclude in near future, no useful purpose would be served by keeping the petitioner in custody. Accordingly, the petitioner is admitted to bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Fatehabad. Petition stands disposed of.

December 18, 2015 (AJAY TEWARI) manoj JUDGE