High Court of Punjab and HaryanaCRM-M/47363/2019allowed

Mahender Singh @ Kulla v. State Of Haryana

2019-11-16Mr. Justice Arvind Singh Sangwan2 pages

CRM-M-47363 of 2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-47363-2019 Date of Decision : November 16, 2019 Mahender Singh @ Kulla ....Petitioner

Versus

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

Mr. Rahul Sharma, Advocate for the petitioner.

Mr. Deepak Grewal, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) This is the first petition filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.566 dated 15.11.2018 under Section 21 of the NDPS Act, 1985 registered at Police Station Sadar, Thanesar, District Kurukshetra.

Counsel for the petitioner submits that the petitioner is in custody for the last more than one year and the case is still at the stage of recording of the prosecution evidence. Counsel for the petitioner further submits that the recovery from the petitioner is 10 grams of heroin and it will be debatable issue whether the proper procedure was followed while conducting the search. He further submits that the petitioner is involved in one more case, though he is on bail. Learned State counsel has filed the custody certificate and has not disputed the above-mentioned fact that the petitioner is in custody for the last more than one year and he is on bail in another case. Learned State counsel further SATISH KUMAR 2019.11.16 16:19 I attest to the accuracy and integrity of this document

CRM-M-47363 of 2019 -2submitted that out of 15 prosecution witnesses, only 04 have been examined so far.

Without commenting anything on the merits of the case, considering the aforesaid submission made by counsel for the petitioner and out of 15 prosecution witnesses only four have been examined, this petition is allowed and the petitioner is directed to be released on regular bail, subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate, concerned. 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 ) JUDGE November 16, 2019 satish Whether speaking/reasoned : YES / NO Whether reportable :

YES / NO SATISH KUMAR 2019.11.16 16:19 I attest to the accuracy and integrity of this document