Farman v. State Of Haryana

CRM-M-45716-2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-45716-2018 DATE OF DECISION:-23.10.2018 FARMAN ...PETITIONER...

V.

STATE OF HARYANA ...RESPONDENT...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. G.C. Shahpuri, Advocate, for the petitioner.

Mr. Yashwinder Singh, DAG, Haryana.

***** RAMENDRA JAIN, J. (ORAL) Through this petition under Section 439 Cr.P.C. prayer has been made for grant of regular bail to the petitioner in a case arising from FIR No.983 dated 24.08.2018 registered under Section 15-61 of NDPS Act, 1985 at Police Station City Jagadhri, District Yamuna Nagar. According to the prosecution, 3 kg and 14 gram of poppy straw in a plastic bag was recovered from the dicky of the motorcycle, which the petitioner had been carrying without any permit or licence. Learned counsel for the petitioner contends that the petitioner is in custody since 24.08.2018. No recovery has to be effected from the petitioner. No useful purpose would be served by detaining the petitioner in jail any more during trial. Conclusion of trial may take a sufficient long time.

On the other hand, learned State counsel vehemently opposed the grant of regular bail to the petitioner.

SONIKA 2018.10.25 15:34 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-45716-2018 --2-- Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioner is ordered to be released on bail during pendency of trial, on his furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned.

23.10.2018 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2018.10.25 15:34 I attest to the accuracy and authenticity of this document Chandigarh