Ajay Kumar v. State Of Punjab

CRM-M-9743 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-9743 of 2017 Date of Decision: 28.03.2017 Ajay Kumar @ Ajju ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Sumer Singh Brar, Advocate for the petitioner.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 41 dated 07.08.2016 registered for the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Pojewal, District S.B.S. Nagar.

Heard.

Notice of motion.

On asking of the court, Mr. Jashanpreet Singh, AAG, Punjab, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him.

Learned counsel for the petitioner submits that the police has shown recovery of 260 gms. of heroin from the petitioner, which was weighed alongwith plastic envelope and no separate weight of envelope was either taken or recorded.

It is a matter of evidence to be seen at the time of trial as to how Jitender Kumar 2017.03.28 16:28 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-9743 of 2017 -2much was the weight of envelope in which contraband was kept. Learned State counsel submits that challan against the petitioner has already been presented.

In view of above but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Ajay Kumar @ Ajju is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.

March 28, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.03.28 16:28 I attest to the accuracy and integrity of this document CHANDIGARH