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High Court of Punjab and HaryanaCRM-M/36020/2020allowed

Sahab Singh @ Sabi v. State Of Haryana

2020-11-09Ms. Justice Jaishree Thakur2 pages

CRM-M No.36020 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.36020 of 2020 (O&M) Date of Decision.09.11.2020 (Heard through VC) Sahab Singh @ Sabi

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

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

Ms. Deepshikha Chauhan, AAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular bail to the petitioner in FIR No.152 dated 19.09.2020 under Section 15-B of NDPS Act, 1985 registered at Police Station Gulha, District Kaithal, who is in custody since 19.09.2020.

Learned counsel for the petitioner herein would contend that the petitioner has falsely been implicated in the instant FIR. As per the allegation in the FIR, 1.5 kg of poppy husk was recovered from the house of the petitioner, which is a non-commercial quantity. Challan has already been presented and therefore, the petitioner is entitled for concession of bail.

Learned counsel appearing on behalf of the respondent-State opposes grant of regular bail to the petitioner by contending that no ground is made out for concession of bail to the petitioner. I have heard learned counsel for the parties and have perused PANKAJ KUMAR 2020.11.10 11:57 I attest to the accuracy and integrity of this document

CRM-M No.36020 of 2020 (O&M) -2the paper book.

Keeping in view the fact that the challan has already been presented and the contraband recovered is of non-commercial quantity coupled with the fact that the trial is likely to take some time to conclude owing to novel corona virus pandemic, no useful purpose would be served by keeping the petitioner behind 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 November 09, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.11.10 11:57 I attest to the accuracy and integrity of this document