Dalbir Singh v. State Of Haryana

-1CRM-M-30748 of 2019 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-30748 of 2019 (O&M) Date of Decision: 28.01.2020 Dalbir Singh

...Petitioner

Versus

State of Haryana ....Respondent CRM-M-22380 of 2019 Sushil

...Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. Yogesh Goel, Advocate, for the petitioner in CRM-M-30748 of 2019.

Mr. Ravi Kadian, Advocate, for the petitioner in CRM-M-22380 of 2019.

Mr. Chetan Sharma, AAG, Haryana.

RAMENDRA JAIN, J. (ORAL) CRM-2776 of 2020 Through this application under Section 482 Cr.P.C. prayer has been made for placing on record copy of receipt of toll plaza, Panipat and photographs of car bearing registration No.HR 12-X-4246 as Annexures P-4 to P-6.

Heard.

For the reasons mentioned in the application, same is allowed subject to all just exceptions. Documents are taken on record as Annexures P-4 to P-6.

Main cases By this common order, I shall dispose of above-titled two RAVINDER SINGH 2020.01.29 10:49 I attest to the accuracy and integrity of this document

-2CRM-M-30748 of 2019 (O&M) petitions under Section 439 Cr.P.C. for grant of regular bail to petitioners, namely, Dalbir Singh (CRM-M-30748 of 2019) and Sushil (CRM-M-22380 of 2019) in a case arising from FIR No.0538 dated 31.10.2018 registered under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Urban Estate Rohtak, District Rohtak.

Briefly, on 31.10.2018, both the petitioners were arrested with conscious possession of 3 kgs of charas without any permit or licence. Learned counsel for the petitioners inter alia contend that allegedly recovered charas falls under the definition of "non-commercial quantity". In the market, its price is very low. Petitioners are in custody since 31.10.2018. Conclusion of trial may take a sufficient long time. No useful purpose would be served by detaining the petitioners in jail any more. On the other hand, learned State counsel vehemently opposed the grant of regular bail to the petitioners. Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petitions are allowed. Consequently, petitioners - Dalbir Singh and Sushil are ordered to be released on bail during pendency of trial, if not required in any other case, on their furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned.

(RAMENDRA JAIN) January 28, 2020 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2020.01.29 10:49 I attest to the accuracy and integrity of this document