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High Court of Punjab and HaryanaCRM-M/43428/2018allowed

Karan @ Karni v. State Of Haryana

2018-10-26Mr. Justice Arvind Singh Sangwan2 pages

CRM-M-43428-2018 and -1CRM-M-45328-2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (i) CRM No.M-43428 of 2018 Karan @ Karni

...Petitioner

Versus

State of Haryana

...Respondent

(ii) CRM No.M-45328 of 2018 Devi Ram @ Debu

...Petitioner

Versus

State of Haryana .....Respondent Date of Decision: - 26.10.2018 CORAM : HON'BLE MR. JUSTICE INDERJIT SINGH Present:- Mr. Naresh Kumar Ganga, Advocate for the petitioner in CRM-M-43428-2018.

Mr. Arpandeep Narula, Advocate for the petitioner in CRM-M-45328-2018.

Mr. Sukhdeep Parmar, DAG, Haryana.

**** INDERJIT SINGH , J.

All the above-mentioned two cases are taken up together as the same have arisen from same FIR.

Petitioners-Karan @ Karni and Devi Ram @ Debu, have filed these petitions under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.100 dated 11.05.2018, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Ellenabad, District Sirsa.

NARESH KUMAR 2018.10.26 16:37 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-43428-2018 and -2CRM-M-45328-2018 Notice of motion was issued. Learned State counsel appeared and contested the petitions.

I have heard learned counsel for the petitioners as well as learned State counsel and have gone through the record. In the present case, both the petitioners are stated to have fled away from the spot at the time of recovery. Admittedly, the recovery which has already been effected in the present case, falls in non-commercial quantity.

The petitioners have already joined the investigation. They are not required for custodial interrogation nor anything is to be recovered from them. No useful purpose will be served by sending the petitioners to custody.

Keeping in view the facts and circumstances of the case and without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find it a fit case, where petitioners are entitled to benefit of grant of anticipatory bail. Therefore, the petitions are accepted and the order dated 01.10.2018 passed in CRM No.M-43428 of 2018 and order dated 12.10.2018 passed in CRM No.M-45328 of 2018, granting interim bail to the petitioners, are made absolute.

( INDERJIT SINGH ) October 26, 2018 JUDGE naresh.k Whether reportable?

Yes Whether reasoned/speaking?

No NARESH KUMAR 2018.10.26 16:37 I attest to the accuracy and integrity of this document Chandigarh