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High Court of Punjab and HaryanaCRM-M/44888/2019allowed

Satish Kumar v. State Of Haryana

2020-02-25Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 44888 of 2019 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 44888 of 2019 Date of Decision: 25.2.2020 Satish Kumar ......Petitioner

Versus

State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Prateek Sodhi, Advocate for the petitioner.

Mr. Ramesh Kumar Ambavta, AAG, Haryana.

**** HARNARESH SINGH GILL , J. (ORAL) The petitioner seeks regular bail in FIR No. 333 dated 28.7.2019 under Sections 21, 29 and 61 (added later on) of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Sadar Thanesar, District Kurukshetra.

Learned counsel for the petitioner submits that in the present case recovery of 5.500 grams of heroin was recovered from co-accused Rajat Kumar and at that time, the petitioner was in custody in case FIR No. 344 dated 1.8.2019 in which he has been granted regular bail by this Court. Learned counsel further submits that the petitioner has been involved in the present case on the basis of disclosure statement suffered by coaccused Rajat Kumar who stated that the petitioner was also involved in the present FIR though the petitioner was not apprehended on the spot nor any recovery has been effected from him as at that time he was in custody. GURPREET SINGH 2020.02.25 17:38 I attest to the accuracy and integrity of this document Chadigarh Learned State counsel, on instructions from ASI Ram Parkash

CRM-M No. 44888 of 2019 -2Submits, submits that in the present case, charges have been framed on 18.2.2020 and there is no other FIR pending against the petitioner except FIR No. 344 dated 1.8.2019.

In the present case, the petitioner has been in custody since 2.8.2019. Charges have been framed on 18.2.2020. The trial will take time to conclude. No useful purpose would be served by keeping the petitioner behind the bars.

Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(HARNARESH SINGH GILL) JUDGE February 25, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.02.25 17:38 I attest to the accuracy and integrity of this document Chadigarh