High Court of Punjab and HaryanaCRM-M/49346/2019allowed

Pardeep Kumar @ Johny And Another v. State Of Punjab

2019-11-28Mr. Justice Surinder Gupta2 pages

CRM-M-49346-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-49346 of 2019 (O&M) Date of Decision: November 28, 2019.

Pradeep Kumar @ Johny and another ..........PETITIONERS

VERSUS

State of Punjab ........RESPONDENT CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Sahil Puri, Advocate for the petitioners.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioners in case FIR No. 59 dated 15.07.2018 registered for the offence punishable under Section 22 Narcotic Drugs and Psychotropic Substances, Act at Police Station Begowal, District Kapurthala.

Heard.

Notice of motion.

On asking of the court, Mr. Amitoj Singh Dhaliwal, D.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. Learned counsel for the petitioners seeks bail on the ground of parity with co-accused Ravi Anil @ Anil Kumar, who has been allowed JYOTI 2019.11.29 13:46 I attest to the accuracy and integrity of this document

CRM-M-49346-2019 -2regular bail vide order dated 29.10.2019 passed in CRM No. M-37896 of 2019.

Learned State counsel does not dispute that case of the petitioners is on parity with co-accused Ravi Anil @ Anil Kumar. Consequently, the present petition is allowed. Petitioners-Pradeep Kumar @ Johny and Shadi Ram @ Tota are ordered to be released on regular bail on their furnishing bail bonds and surety bonds to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- a. The petitioners shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of their absence on any date of hearing, the benefit of bail allowed to the petitioners shall stand withdrawn. The trial Court shall be competent to cancel their bail bonds and surety bonds and proceed to procure their presence in accordance with law. In that eventuality the petitioners shall have to apply for bail afresh.

c. They shall not leave the country without the prior permission of the Court.

( SURINDER GUPTA ) November 28, 2019 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JYOTI 2019.11.29 13:46 I attest to the accuracy and integrity of this document