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High Court of Punjab and HaryanaCRM-M/33486/2019allowed

Jaswinder Singh @ Jassa v. State Of Punjab

2019-11-19Mr. Justice Surinder Gupta2 pages

CRM-M-33486 of 2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33486 of 2019 Date of Decision: 19.11.2019 Jaswinder Singh @ Jassa ....Petitioner

VERSUS

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

Present:

Mr. Ashok Giri, Advocate for the petitioner.

Mr. Amitoj Singh Dhaliwal, DAG, Punjab.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No.121 dated 26.06.2019 registered for the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Shahkot, District Jalandhar Rural. Heard.

Learned State counsel on instructions from SI Armandeep Kaur submits that petitioner has joined the investigation. During naka held on 26.06.2019, three persons were found coming on a motorcycle, which was signaled to stop. Two persons riding the motorcycle including its driver were apprehended at the spot while the third succeeded in running away. From the motorcycle, 260 gms. of Heroin kept in a bag was recovered. The police has taken the motorcycle in possession and found from its registration certificate that petitioner is owner of the same, of which one digit of registration number on the number plate had been tampered. At the JITENDER KUMAR 2019.11.19 16:28 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-33486 of 2019 -2time of apprehension, Ashu Rehan was driving the motorcycle. Keeping in view the fact that petitioner has joined the investigation; as per allegation against him he was a pillion rider on the motorcycle, who allegedly escaped from the spot when the police signaled the motorcycle to stop and no recovery has been effected from him, this petition is allowed. Order dated 20.08.2019 is made absolute till the presentation of challan, subject to the following terms:- (i) that the petitioner shall make himself available for interrogation by the police as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) that the petitioner shall not leave India without the prior permission of the Court.

(iv) that the petitioner will seek regular bail on the presentation of challan in Court.

November 19, 2019 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JITENDER KUMAR 2019.11.19 16:28 I attest to the accuracy and integrity of this document Chandigarh