Anil Sishodia v. State Of Haryana

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-34407-2024 (O&M) Date of Decision:- 25.07.2024 Anil Sishodia ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Balraj Gujjar, Advocate, for the petitioner. Mr. Vishal Kashyap, DAG, Haryana.

***** FIR NO.

DATE POLICE STATION OFFENCES 306 28.3.2024 Palla District Faridabad 186, 427 IPC and 20(b)(ii) B of NDPS Act GURVINDER SINGH GILL , J . (Oral) 1.

The instant petition has been filed on behalf of the petitioner seeking grant of regular bail in respect of aforementioned FIR. 2.

As per FIR, the allegations are broadly to the effect that the petitioner was found in possession of 11.790 kgs of ganja patti. 3.

Learned counsel for the petitioner submitted that even if the allegations, as levelled are taken to be correct, still the allegedly recovered contraband would fall in the non-commercial category. It has been submitted that the investigation is complete and challan MOHAN SINGH 2024.07.25 18:41 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

CRM-M-34407-2024 (O&M) - 2 - stands presented and as such detention of the petitioner is not required.

4.

Opposing the petition, learned State counsel submitted that the petitioner is involved in two other cases including one case registered for offence under NDPS Act. Learned State counsel informed that the petitioner as on date has been behind bars since the last about 4 months and that trial has not commenced till date inasmuch as charges are yet to be framed.

5.

This Court has considered the rival submissions addressed before this Court.

6.

Without commenting anything as regards the merits of the case, but keeping in view the fact that the allegedly recovered contraband is in the category of non-commercial quantity wherein investigation is already complete and trial is yet to commence, further detention of the petitioner would not be justified. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 25.07.2024 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2024.07.25 18:41 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh