Raju Singh v. State Of Haryana

CRM-M-36399-2019 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-36399-2019 (O & M) Date of Decision:05.09.2019 Raju Singh

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. S.S. Gill, Advocate for the petitioner.

Mr. Sukhdeep Parmar, DAG, Haryana.

*** MANOJ BAJAJ, J.

Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.233 dated 28.06.2019, under Sections 22-C, 61, 85, 27-A of the NDPS Act, 1985, registered at Police Station Rania, District Sirsa. Learned counsel for the petitioner contends that the alleged recovery of narcotic substance was recovered from Gurjeet Singh and Soni @ Sonu on 28.06.2019. It is contended that it was on their statement the petitioner was indicted as an accused. He submits that the petitioner is not previously involved in any other case muchless of the similar nature and the Sheetal Gawri 2019.09.09 16:20 I attest to the accuracy and integrity of this document Chandigarh statement suffered by the co-accused may not be admissible in evidence.

CRM-M-36399-2019 (O & M) -2On the other hand, learned State counsel assisted by SI Randhir Singh has opposed the bail application. However, it is not disputed that the petitioner was not present at the place where the recovery was effected from co-accused named above. He fairly states that the petitioner is in judicial custody and the investigation of the case is almost complete. Considering the above background and the fact that the trial is likely to take some time, further detention of the petitioner may not be justified. Therefore, without meaning any expression of opinion on the merits of the case, it is ordered that the petitioner be released on regular bail subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of the trial Court concerned.

The petition is allowed.

05.09.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2019.09.09 16:20 I attest to the accuracy and integrity of this document Chandigarh