Gurmail Singh @ Geli (Now Confined In District Jail, Kurukshetra) v. State Of Haryana

CRM-M-54501 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-54501 of 2018 DATE OF DECISION:-14.12.2018 GURMAIL SINGH @ GELI ...PETITIONER...

V.

STATE OF HARYANA ...RESPONDENT...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. Rahul Vats, Advocate, for the petitioner.

Mr. Munish Sharma, AAG, Haryana.

***** RAMENDRA JAIN, J. (ORAL) Through this petition under Section 439 Cr.P.C. prayer has been made for grant of regular bail to the petitioner in a case arising from FIR No.378 dated 26.10.2018, registered under Sections 15, 18 and 29 of the NDPS Act, 1985 at Police Station Ladwa, District Kurukshetra.

According to the prosecution, 260 grams of opium and 8 kgs 390 gms of poppy straw was recovered from Sanjeev Kumar, who, in his disclosure statement, named the petitioner as supplier of contraband to him.

Learned counsel for the petitioner contends that the petitioner has falsely been implicated in the instant case. The main accused has SONIKA 2018.12.17 13:41 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-54501 of 2018 --2-- already been released on bail by the trial court. The alleged recovery falls under the "non commercial" quantity. The petitioner is in custody since 01.11.2018. Conclusion of trial may take a sufficient long time. Therefore, no useful purpose would be served by detaining the petitioner in jail any more during trial.

Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioner is ordered to be released on bail during pendency of trial, on his furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned. 14.12.2018 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2018.12.17 13:41 I attest to the accuracy and authenticity of this document Chandigarh