High Court of Punjab and HaryanaCRM-M/23734/2019allowed

Anil Kumar @ Lucky v. State Of Punjab

2019-11-13Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-23734 of 2019 (O&M) Date of Decision: November 13, 2019 Anil Kumar @ Lucky

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr.Amandeep Singh, Advocate for the petitioner.

Ms.Monika Jalota, DAG, Punjab for the respondent-State.

**** HARINDER SINGH SIDHU, J.

Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.30 dated 13.02.2019 under Section 21 of the NDPS Act, 1985, registered at Police Station Haibowal, District Ludhiana.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. As per the prosecution case, the petitioner was found in possession of 210 grams of heroin while he was travelling on a motorcycle. Learned counsel for the petitioner states that the petitioner has been in custody since 13.02.2019.

The investigation in this case is complete and the trial has VINEET GULATI 2019.11.14 10:17 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-23734 of 2019 -2commenced. Out of 16 witnesses, two witnesses have already been examined.

Without commenting anything on the merits of case and also considering the fact that recovery is non-commercial and the trial of the case may take long time and also the fact that petitioner is behind the bars since 13.02.2019, in my opinion, no useful purpose will be served by detaining him during trial. This petition, as such, is accepted. Petitioner Anil Kumar @ Lucky is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate, concerned.

However, in case, the petitioner indulges in any activitiy akin to one for which he has been convicted, while on bail, the prosecution agency will be at liberty to seek cancellation of order granting bail to the petitioner. November 13, 2019 (HARINDER SINGH SIDHU) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No VINEET GULATI 2019.11.14 10:17 I attest to the accuracy and authenticity of this document Chandigarh