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High Court of Punjab and HaryanaCRM-M/21570/2020allowed

Om Parkash v. State Of Haryana

2020-08-13Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-21570-2020 Date of decision:13.08.2020 OM PARKASH .....Petitioner

Versus

STATE OF HARYANA .....Respondent CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL

Present:

Mr. Sunil Kumar Shrama, Advocate for the petitioner.

Ms. Aditi Girdhar, AAG, Haryana.

(the aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in Virtual Court) **** GURVINDER SINGH GILL , J. (ORAL)

1. The petitioner who was allegedly found in possession of 1 kilogram 'Opium' seeks grant of regular bail in a case registered against him vide FIR No.11 dated 29.1.2020 under Sections 18 NDPS Act at Police Station Jakhal, District Fatehabad.

2. The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case and that he has clean antecedents.

3. Opposing the petition, learned State counsel has submitted that since the petitioner was caught red-handed along with contraband, no case for grant of bail is made out. It has however been informed by learned State GAURAV SOROT 2020.08.13 17:48 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-21570-2020 counsel upon instructions from ASI Dharampal that the petitioner has been behind bars since the last more than 6 months and that the petitioner is not involved in any other case.

4. I have considered rival submissions addressed before this Court.

5. Since it is a case of recovery of non-commercial quantity of contraband wherein the petitioner has been behind bars since last more than 6 months and who is not wanted in any other case, further detention of the petitioner will not serve any useful purpose as conclusion of trial is likely to take some time. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

( GURVINDER SINGH GILL) 13.08.2020 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2020.08.13 17:48 I attest to the accuracy and integrity of this document