High Court of Punjab and HaryanaCRM-M/27427/2021allowed

Chando Bai v. State Of Haryana

2021-07-20Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 27427 of 2021 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 27427 of 2021 Date of Decision: 20.7.2021 Chando Bai ......Petitioner

Versus

State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. S.S.Duhan, Advocate for the petitioner.

Mr. Pardeep Prakash Chahar, DAG, Haryana.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. The petitioner seeks regular bail in FIR No. 0087 dated 3.4.2021 under Section 15-B/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Sadar Fatehabad, District Fatehabad.

Learned counsel for the petitioner submits that the alleged recovery effected from the petitioner and two other co-accused (ladies), is 44 kg 600 gram of poppy straw, which falls under the non-commercial quantity; that the petitioner is having a child, aged 03 years and there is nobody to look after the child; that the petitioner has been in custody since 03.4.2021 and there is no other case against her. On the other hand, learned State counsel opposes the bail application and submits that in the present case, challan has been presented GURPREET SINGH 2021.07.20 16:59 I attest to the accuracy and integrity of this document Chandigarh and charges are yet to be framed.

CRM-M No. 27427 of 2021 -2In the present case, the recovery effected from is of noncommercial quantity. The petitioner has been in custody since 03.4.2021 and there is a three years old small child, who is to be looked after by her. Challan has been presented but the charges are yet to be framed. The trial will take time to conclude because of Covid-19 pandemic. No useful purpose would be served by keeping the petitioner behind the bars. Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on her furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(HARNARESH SINGH GILL) JUDGE July 20, 2021 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2021.07.20 16:59 I attest to the accuracy and integrity of this document Chandigarh