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High Court of Punjab and HaryanaCRM-M/26657/2019allowed

Sanjeev Kumar @ Sajju v. State Of Punjab

2019-10-18Mr. Justice Surinder Gupta2 pages

CRM-M-26657 of 2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-26657 of 2019 Date of Decision: 18.10.2019 Sanjeev Kumar @ Sajju ....Petitioner

VERSUS

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

Present:

Mr. Rishu Mahajan, Advocate for the petitioner.

Mr. Avtar Singh Sandhu, Addl. A.G. Punjab.

******* 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.204 dated 24.10.2018 registered for offences punishable under Sections 21/25/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Cantonment, District Amritsar. Heard.

As per case of prosecution, police party of Police Station Cantonment Amritsar apprehended Sahil Sharma and Anil Kumar on 24.10.2018 and recovered 800 gms. of Heroin from their possession. During interrogation, they disclosed that Heroin recovered from them was purchased from Ashwani Kumar @ Jimmy and Sanjeev Kumar @ Sajju (petitioner).

Learned counsel for the petitioner seeks regular bail for the petitioner on the ground of parity with co-accused, Ashwani Kumar @ Jimmy, who was allowed regular bail by this Court vide order dated JITENDER KUMAR 2019.10.18 17:04 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-26657 of 2019 -222.07.2019 passed in CRM-M-29753-2019.

Learned State counsel fairly concedes that case of petitioner is on parity with co-accused, Ashwani Kumar @ Jimmy. Without expressing any opinion on merits of the case, applying the principle of parity and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner Sanjeev Kumar @ Sajju 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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.

October 18, 2019 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JITENDER KUMAR 2019.10.18 17:04 I attest to the accuracy and integrity of this document Chandigarh