High Court of Punjab and HaryanaCRM-M/31832/2020allowed

Ashwani Kumar v. State Of Punjab

2020-10-16Mr. Justice Anil Kshetarpal2 pages

In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M- 31832 of 2020 Date of Decision: 16.10. 2020 Ashwani Kumar ... Petitioner(s)

Versus

State of Punjab ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Amandeep Singh, Advocate for the petitioner(s).

Mr. Rana Harjasdeep Singh, Deputy Advocate General, Punjab for the respondent.

Anil Kshetarpal, J.

The petitioner prays for grant of regular bail pending trial in a criminal case arising from FIR No. 38 dated 07.08.2018, registered under Section 21 & 29/61/85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as "the 1985 Act") and Section 25/59 of the Arms Act, 1959, at Police Station STF, Phase-4, Mohali, District S.A.S. Nagar.

As per the case of the prosecution, Raj Kumar and Manpreet Singh were apprehended with 290 grams of heroin and a country made pistol. The name of the petitioner surfaced during the investigation on the disclosure statement of Raj Kumar, co-accused. The petitioner is in detention since 23.10.2018. Raj Kumar alias Raja has already been granted the concession of bail vide order dated 23.07.2020 in Criminal Misc. No. M759 of 2020. It is doubtful if the statement of co-accused would be DEEPAK KUMAR BHARDWAJ 2020.10.17 13:17 I attest to the accuracy and integrity of this document admissible in evidence.

Criminal Misc. No. M- 31832 of 2020 Keeping in view the aforesaid facts and without expressing any opinion on the merits of the case, it is considered appropriate to direct the petitioner to be released on regular bail. Hence, the present petition is allowed and the petitioner is ordered to be released on regular bail subject to his furnishing bail/surety bonds to the satisfaction of the learned Area Judicial Magistrate/Chief Judicial Magistrate/Duty Magistrate. (Anil Kshetarpal) Judge October 16, 2020 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2020.10.17 13:17 I attest to the accuracy and integrity of this document