Ravinder @ Binder v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No. M-5548 of 2015 Date of decision: 25.02.2015.

Ravinder @ Binder ..Petitioner

Versus

State of Haryana ..Respondent

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY

1. Whether reporters of local newspapers may be allowed to see judgment?

2. To be referred to reporters or not?

3. Whether the judgment should be reported in the Digest?

Present:

Mr. Rakesh Nehra, Advocate for the petitioner.

Mr. Munish Sharma, A.A.G., Haryana for the respondent - State.

Daya Chaudhary, J. (Oral) The present petition has been filed under Section 439 Cr.P.C. on behalf of the petitioner-Ravinder @ Binder for grant of regular bail in case FIR No.18 dated 15.01.2014, under Section 20 of Narcotic Drugs and Psychotropic Substances Act registered at Police Station Bahadurgarh, District Jhajjar.

Learned counsel for the petitioner submits that the alleged recovery is 850 gms of Charas, which has falsely been planted upon the petitioner. Learned counsel further submits that earlier the petitioner was granted interim bail on 04.04.2014 by the trial Court NEETU RANI 2015.02.27 10:50 I attest to the accuracy and authenticity of this document Chandigarh

Criminal Misc. No. M-5548 of 2015 and the same was extended from time to time. The petitioner was regularly appearing before the trial Court but he could not appear on two dates i.e., 19.12.2014 and 13.01.2015 and on these dates, an application for exemption from personal appearance was moved, which was allowed. However, the bail application moved by the petitioner was dismissed on 20.01.2015 and since then, the petitioner is in custody. Learned counsel also submits that the investigation of the case has been completed and challan has also been presented. Only three witnesses have been examined so far and the trial may take some time to conclude.

Learned State counsel on instructions from ASI Surinder Singh submits that out of total 13 witnesses, 3 have been examined. Keeping in view the submissions made by learned counsel for the petitioner and also the fact that the petitioner was granted interim bail, which was extended from time to time; trial will take some time in conclusion as only three witnesses have been examined; the alleged recovery is 850 gms of Charas, which is non-commercial; and the petitioner is in custody since 20.01.2015, the present petition is allowed and the petitioner (Ravinder @ Binder) is directed to be released on regular bail subject to furnishing bail/surety bonds to the satisfaction of the trial Court.

25.02.2015 (DAYA CHAUDHARY) neetu JUDGE NEETU RANI 2015.02.27 10:50 I attest to the accuracy and authenticity of this document Chandigarh