High Court of Punjab and HaryanaCRM-M/23441/2020allowed

Balwinder Kaur @ Bindu v. State Of Haryana

2020-11-17Mr. Justice Gurvinder Singh Gill3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (1) CRM-M-23441-2020 (O&M) Balwinder Kaur @ Bindu ... Petitioner

Versus

State of Haryana ... Respondent (2) CRM-M-29948-2020 (O&M) Daler Singh ... Petitioner

Versus

State of Haryana ... Respondent Date of Decision:- 17.11.2020

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. G.S.Goraya, Advocate for the petitioner(s). Ms. Sheenu Sura, DAG, Haryana.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral)

1. This order shall dispose off the aforesaid petitions filed on behalf of Balwinder Kaur @ Bindu and Daler Singh seeking grant of regular bail in a

CRM-M-23441-2020 (O&M) & CRM-M-29948-2020 (O&M) case registered vide FIR No.247 dated 14.5.2020 under Sections 21/27-A of NDPS Act at Police Station Sadar Thanesar, District Kurukshetra.

2. It is the case of prosecution that pursuant to a secret information, 8.07 grams of 'smack' was recovered from Balwinder Kaur on 14.5.2020. During the course of interrogation, she disclosed that the aforesaid contraband was given to her by her husband Daler Singh.

3. The learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in the present case and that it is a case of recovery of "non-commercial" quantity of contraband and in any case no recovery whatsoever was ever effected from petitioner Daler Singh.

4. The aforestated position regarding recovery of contraband from petitionerBalwinder Kaur @ Bindu only is not disputed by the State counsel. The learned State counsel has opposed the petition by submitting that Balwinder Kaur is involved in four other cases and that Daler Singh is also involved in two other cases. The learned State counsel has, however, informed that the petitioners have been behind bars since the last more than 5 months.

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

6. Bearing in mind the fact that it is a case of recovery of a "non-commercial" quantity of contraband and that the petitioners have been behind bars since the last more than 5 months and challan already stands presented, further detention of the petitioners will not serve any useful purpose.

7. Both the petitions, as such, are accepted and the petitioners are ordered to be released on regular bail on their furnishing bail bonds/surety bonds to the

CRM-M-23441-2020 (O&M) & CRM-M-29948-2020 (O&M) satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

17.11.2020 (Gurvinder Singh Gill) kamal Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No