High Court of Punjab and HaryanaCRM-M/27708/2019allowed

Sonu @Bretli v. State Of Haryana

2020-07-22Ms. Justice Jaishree Thakur2 pages

PANKAJ KUMAR 2020.07.22 14:46 I attest to the accuracy and integrity of this document CRM-M No.27708 of 2019 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.27708 of 2019 (O&M) Date of Decision.22.07.2020 (Heard through VC) Sonu @ Bretli

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Rajnish Gupta, Advocate for the petitioner.

Ms. Dimple Jain, AAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) CRM No.16062 of 2020 Prayer in the application is for preponment of the bail application, which is now listed for 08.10.2020. With the consent of both the parties, the application is allowed and hearing of the main petition is preponed for today itself. CRM-M No.27708 of 2019 This is a petition that has been filed for grant of regular bail in case FIR No.29 dated 03.02.2019 under Section 22 of NDPS Act, 1985 registered at Police Station Sadar Sirsa, District Sirsa. Counsel for the petitioner herein would contend that the FSL report has been made available, which would reflect that the capsules of Tramadol, which were seized, would quantify only 160 gms, which is a noncommercial quantity. He further contends that the petitioner is in custody since 03.02.2019. The investigation is complete and the challan has already been presented, therefore, the petitioner is entitled to concession of bail.

CRM-M No.27708 of 2019 (O&M) -2Learned counsel appearing for the respondent-State, on instructions from SI Ram Kumar, opposes the regular bail while contending that no ground is made out for granting concession of regular bail. I have heard learned counsel for the parties. Keeping in view the fact that the investigation is complete and the challan has already been presented, coupled with the fact that the trial is likely to take some time to conclude as due to COVID-19 situation, Courts are not working at their full strength and not taking up regular hearing matters, no useful purpose would be served in keeping the petitioner behind the bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/ surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) JUDGE July 22, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No