Sunil Chechi v. State Of Punjab

CRM-M-43843 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-43843 of 2017 Date of Decision: 27.11.2017 Sunil Chechi ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Anterpreet Singh, Advocate for the petitioner.

******* 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.67 dated 28.06.2017 registered for the offence punishable under Section 18 of Narcotics Drugs and Psychotropic Substances Act, 1985 at Police Station Moti Nagar, District Police Commissionerate, Ludhiana. Heard.

Notice of motion.

On asking of the court, Mr. C.L. Pawar, Sr. D.A.G., Punjab, 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.

Learned counsel for the petitioner seeks bail for the petitioner on the ground of parity with co-accused, namely, Rohit Kumar @ Rohit, who has already been allowed regular bail vide order dated 13.11.2017 passed in CRM-M-41241-2017.

Learned State counsel endorses the submission of learned Jitender Kumar 2017.11.28 11:07 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-43843 of 2017 -2counsel for the petitioner that facts and allegations against the petitioner are similar to allegations against Rohit Kumar @ Rohit. Applying the principle of parity with co-accused, namely, Rohit Kumar @ Rohit but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Sunil Chechi 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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 previous permission of the Court.

November 27, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.11.28 11:07 I attest to the accuracy and integrity of this document CHANDIGARH