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High Court of Punjab and HaryanaCRM-M/49084/2019allowed

Ranjit Singh @ Bholu v. State Of Punjab

2019-12-11Mr. Justice Surinder Gupta2 pages

CRM-M-49084 of 2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-49084 of 2019 Date of Decision: 11.12.2019 Ranjit Singh @ Bholu ....Petitioner

VERSUS

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

Present:

Ms. Jasneet Mehra, 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. 222 dated 03.06.2015 registered for offences punishable under Sections 21/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985; 382/414/411 of the Indian Penal Code (for short, "IPC") at Police Station 'A' Division Amritsar, District Amritsar. (Offences punishable under Sections 25/29 of the NDPS Act were added later on).

Heard.

Notice of motion.

On asking of the Court, Mr. Amitoj Singh Dhaliwal, DAG, 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. As per case of prosecution, 200 gms. of narcotic i.e. 'Alprazolam' was recovered from co-accused, namely, Ranjit Singh son of Tarsem. During investigation he disclosed that narcotic was supplied to him JITENDER KUMAR 2019.12.11 17:38 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-49084 of 2019 -2by the petitioner.

Learned State counsel submits that during investigation it was found that the motorcycle used by Ranjit Singh son of Tarsem (main accused), is owned by the petitioner.

As per case of prosecution, recovery has been effected from coaccused. The petitioner was arrested in this case on 15.07.2019. After completion of investigation challan against him has been presented in Court. Allegations against the petitioner are based on disclosure statement of co-accused, which will be a matter of scrutiny before the trial Court. In view of above but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Ranjit Singh @ Bholu 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.

December 11, 2019 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No JITENDER KUMAR 2019.12.11 17:38 I attest to the accuracy and integrity of this document Chandigarh Whether reportable Yes/No