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High Court of Punjab and HaryanaCRM-M/32798/2020allowed

Ashish @ Bindu v. State Of Haryana

2020-12-14Mr. Justice Deepak Sibal2 pages

-1CRM-M-32798 of 2020 228IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32798 of 2020 Date of decision: 14.12.2020 Ashish @ Bindu ......Petitioner vs.

State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL

Present:

Mr. D.S. Virk, Advocate, for the petitioner.

Mr. Ashok Kumar Sehrawat, DAG, Haryana.

DEEPAK SIBAL, J. (ORAL) Case taken up through video conferencing.

Through the present petition filed under Section 439 Cr.P.C. the petitioner seeks the grant of regular bail in FIR No.292 dated 17.08.2020 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sadar Dabwali, District Sirsa. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the case; there is no other criminal case in which the petitioner in involved; petitioner has been in custody since 17.08.2020; report under Section 173 Cr.P.C. has been filed therefore he is not in a position to influence the investigation and the trial which is yet to begin is likely to take a long time to conclude especially in the present circumstances when the world is facing Covid-19 pandemic. Learned State counsel opposes the grant of bail to the petitioner on the ground that he has been found in illegal possession of 500 tablets RAVINDER SINGH 2020.12.17 19:25 I attest to the accuracy and integrity of this document

-2CRM-M-32798 of 2020 of Nrx Tramadol Hydrochloride weighing 202 grams. The petitioner is not involved in any other criminal case; he is in custody since 17.08.2020; report under Section 173 Cr.P.C. has been filed, therefore he is not in a position to influence the investigation; he has allegedly been found in possession of Nrx Tramadol Hydrochloride weighing 202 grams which is classified as "non-commercial" quantity and his trial which is yet to commence is likely to take a long time to conclude especially in the present circumstances when the world is facing Covid-19 pandemic.

Keeping in view the totality of the above facts, the present case is considered to be a fit one in which the petitioner be directed to be released on regular bail. Resultantly, subject to the satisfaction of the CJM/Duty Magistrate, Sirsa, the petitioner is directed to be released on bail.

It is clarified that the above observations have been made only for the limited purpose of deciding the present regular bail application and the same would not be construed to be an expression of opinion on the merits of the case.

(Deepak Sibal) December 14, 2020 Judge R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2020.12.17 19:25 I attest to the accuracy and integrity of this document