High Court of Punjab and HaryanaCRM-M/26690/2020allowed

Laba Ram v. State Of Haryana

2020-09-14Mr. Justice Jasgurpreet Singh Puri3 pages

Through Video Conference

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-26690-2020 (O&M).

Decided on: September 14, 2020.

Laba Ram .. Petitioner

VERSUS

State of Haryana .. Respondent * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.K.L.Saini, Advocate, for the petitioner.

Mr.Naveen Sheoran, DAG, Haryana.

JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Section 439 of the Code of Criminal Procedure, seeking regular bail in FIR No.60 dated 4.4.2020, under Section 22 C and 27 A of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station, Narwana, District Jind (Haryana).

Learned counsel for the petitioner has relied upon

Annexure P3 dated 31.7.2020, vide which co-accused of the petitioner namely Raju Kumar who is similarly situated, has been granted the concession of regular bail by this Court. He has further submitted that the alleged recovery in the present case is non-commercial and therefore, learned counsel for the petitioner submits that the petitioner is entitled to bail as he is on parity with his co-accused Raju Kumar. On the other hand, learned State counsel submits that it is correct that co-accused namely Raju Kumar, has been granted the concession of regular bail in the present FIR, however, he has opposed the application on the ground that there is another case pending against the present petitioner which is under the Excise Act.

I have heard the learned counsel for the petitioner as well as the learned State counsel through video conference. Admittedly, the co-accused in the present case has been granted the concession of regular bail by this Court vide Annexure 3 and the petitioner is on parity with the said co-accused. The pendency of another case under the Excise Act, does not dis-entitle the petitioner in the present case for the grant of concession of regular bail. Consequently, considering the totality of the circumstances, I deem it fit and appropriate to admit the petitioner on bail. T The present petition is allowed. It is ordered that the petitioner shall be released on bail on furnishing bail bond/surety bond to the satisfaction of the concerned trial Court/Duty Magistrate.

However, anything observed hereinabove shall not be

treated as an expression of opinion on merits of the case and is meant only for the purpose of decision of present petition. September 14, 2020.

JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No