Risal Singh v. State Of Haryana

CRM-M No.46203 of 2019 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.46203 of 2019 (O&M) Decided on: 13.12.2019 Risal Singh ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. S.K. Bishnoi, Advocate for the petitioner.

Mr. Naveen Sheoran, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) CRM No.39356 of 2019 Heard.

Allowed as prayed for.

Document (Annexure P3) is taken on record subject to all just exceptions.

CRM-M No.46203 of 2019 Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.352 dated 12.09.2019, registered under Section 22(c) of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') (Section 27-A of the NDPS Act added later) at Police Station Sadar Fatehabad, District Fatehabad. Counsel for the petitioner has argued that the petitioner was not arrested at the spot and he was involved in the present case on the basis of the disclosure statement of the co-accused Sant Ram from MOHD YAKUB 2019.12.13 16:25 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.46203 of 2019 (O&M) whom the recovery was effected. Counsel for the petitioner has, thus, submitted that it will be a debatable issue to be decided during the course of trial as to whether the petitioner was either found in conscious possession of the contraband or the disclosure statement of the coaccused is admissible against the petitioner or not. Counsel for the petitioner has also submitted that the petitioner is in custody since 13.09.2019; challan stands presented and the case, before the trial Court, is now fixed for framing of the charge. Counsel for the State, on instructions from SI Kuldeep Singh, has not disputed the factual position but opposed the prayer for bail.

Without commenting anything on merits of the case, considering the fact that the petitioner is not involved in any other case; he is in judicial custody since 13.09.2019; challan stands presented; the investigation is complete; the case, before the trial Court, is fixed for framing of the charge and it will take some time in conclusion of the trial, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate. However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) 13.12.2019 JUDGE yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.12.13 16:25 I attest to the accuracy and authenticity of this document High Court, Chandigarh