Sukhwinder Singh @ Sukhvir v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-23623-2020 (O&M) Date of Decision:-14.12.2020 Sukhwinder Singh @ Sukhvir ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Gurjot Singh Sadhrao, Advocate for the petitioner. Ms. Sheenu Sura, DAG, Haryana.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.114 dated 17.7.2020 at Police Station Odhan, District Sirsa, Haryana under Section 22(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (Sections 61 and 85 also added in the order dated 14.8.2020 pased by learned Additional Sessions Judge, Sirsa).

2.

It is the case of prosecution that on 17.07.2020, during the course of patrolling, the police apprehended one Manpreet Singh and from whose possession 1000 tablets of 'Tramadol' were recovered. It is further the case of PANKAJ KAKKAR 2020.12.15 09:57 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-23623-2020 (O&M) the prosecution that during the course of interrogation, he disclosed that he had purchased the said contraband from Sukhwinder Singh @ Sukhvir (petitioner).

3.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case and that no recovery whatsoever was ever effected from him.

4.

Opposing the petitioner, learned State counsel has submitted that since the co-accused from whom recovery was effected has specifically named the petitioner as supplier of the contraband, no case for grant of bail is made out. Learned State counsel has, however, informed that pursuant to interim directions issued by this Court on 20.08.2020, the petitioner has since joined investigation and is not required for any custodial interrogation. 5.

Having regard to the facts and circumstances of the case especially that the petitioner was not arrested at the spot and has been nominated on the basis of statement of a co-accused, the veracity of which would be debatable and while also noticing that the petitioner has since joined investigation the petition is accepted and the interim directions issued by this Court vide order dated 20.8.2020 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. 14.12.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2020.12.15 09:57 I attest to the accuracy and integrity of this document