High Court of Punjab and HaryanaCRM-M/38344/2019allowed

Rakesh Kumar @ Bhairo v. State Of Punjab

2019-09-13Mr. Justice Surinder Gupta2 pages

CRM-M-38344 of 2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-38344 of 2019 Date of Decision: 13.09.2019 Rakesh Kumar @ Bhairo ....Petitioner

VERSUS

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

Present:

Mr. Sunil Agnihotri, Advocate for the petitioner.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.120 dated 16.09.2015 registered for the offence punishable under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Mantiana, District Hoshiarpur. Heard.

Notice of motion.

On asking of the Court, Mr. Rakeshinder Singh Sidhu, A.A.G. Punjab, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him. The petitioner was earlier on bail and had been appearing in the case for the last about three years. He absented on 02.07.2019 and surrendered on 01.08.2019.

Without expressing any opinion on merits of the case and keeping in view the fact that prosecution has not been able to conclude its JITENDER KUMAR 2019.09.16 09:59 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-38344 of 2019 -2evidence so far and conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Rakesh Kumar @ Bhairo is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.

September 13, 2019 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JITENDER KUMAR 2019.09.16 09:59 I attest to the accuracy and integrity of this document Chandigarh