Raju Ram v. State Of Haryana

CRM-M-41334-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-41334 of 2017 (O&M) Date of Decision: November 08, 2017.

Raju Ram ..........PETITIONER(s).

VERSUS

State of Haryana ........RESPONDENT(s) CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. SPS Sidhu, Advocate for the petitioner (s).

******* 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.347 dated 24.09.2017 registered for the offence punishable under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Murthal, District Sonepat.

Heard.

Notice of motion.

On asking of the court, Mr.Deepak Grewal, DAG, Haryana, 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 him.

The police arrested Kanshik @ Kissu Singhal, Aditya Partap Singh, Shirish Chidha and Anchit Kapoor on 24.09.2017 and recovered from their possession 250 gram of Charas each. As per case of the Jyoti 2017.11.08 16:38 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-41334-2017 -2prosecution, above named accused suffered disclosure statements to the effect that Charas found in their possession was purchased from the petitioner who was arrested on 26.09.2017 and from his possession 120 grams of Charas was recovered.

The recovery of Charas from the petitioner falls in noncommercial quantity. Learned State counsel candidly admits that except the testimony of the co-accused that they have purchased the Charas found from their possession from the petitioner, there is no other evidence with the police at this stage in support of its contention that the petitioner is involved in the sale and purchase of Charas.

Keeping in view the above facts but without expressing any opinion on merits of the case, the present petition is allowed. Petitioner Raju Ram 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b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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 prior permission of the Court.

( SURINDER GUPTA ) November 08, 2017 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2017.11.08 16:38 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH