Rajinder Kumar @ Rinku v. State Of Haryana

CRM-M-30448 of 2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-30448 of 2019 Date of Decision: 24.07.2019 Rajinder Kumar @ Rinku ....Petitioner

VERSUS

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

Present:

Mr. Gaurav Sethi, 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.131 dated 24.03.2019 registered for the offence punishable under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Ambala Cantt. District Ambala. Heard.

Notice of motion.

On asking of the court, Mr. Munish Sharma, AAG Haryana, 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.

As per case of prosecution, 320 gms. of Charas (noncommercial quantity of contraband) was recovered from the petitioner on 24.03.2019, when he was apprehended by the police party headed by SI Balwant Rai of Police Station Ambala Cantt.

After completion of investigation challan against the petitioner JITENDER KUMAR 2019.07.24 17:54 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-30448 of 2019 -2is stated to have been filed in Court.

Keeping in view the fact that quantity of contraband recovered from the petitioner falls in non-commercial quantity and that conclusion of trial will take considerably long time but without expressing any opinion on merits of the case, the present petition is allowed. Petitioner-Rajinder Kumar @ Rinku 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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.

July 24, 2019 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JITENDER KUMAR 2019.07.24 17:54 I attest to the accuracy and integrity of this document Chandigarh