Anmol Datta v. State Of Punjab

CRM-M-56004-2018 -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

1.

CRM-M-56004-2018 Anmol Datta .... Petitioner

Versus

State of Punjab .... Respondent 2.

CRM-M-56080-2018 (O&M) Rahul .... Petitioner

Versus

State of Punjab .... Respondent Date of Decision: 31.01.2019 CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Arnav Sood, Advocate for the petitioner (in CRM-M-56004-2018).

Mr. PS Hundal, Advocate for the petitioner (in CRM-M-56080-2018).

Mr. Harpreet Multani, AAG, Punjab.

RAMENDRA JAIN, J. (ORAL) By this common order, two above titled petitions filed under Section 439 Cr.P.C., for grant of regular bail to petitioners, namely; Anmol Datta and Rahul, are being disposed of arising out of FIR No. 158 dated 22.10.2018 registered under Section 25 of the Arms Act and Section 22 of the NDPS Act at Police Station Sadar, Hoshiarpur. For brevity, the facts are being extracted from CRM-M-56004-2018. According to the prosecution, on 22.10.2018, the petitioners RISHU KATARIA 2019.01.31 18:47 I attest to the accuracy and integrity of this document

CRM-M-56004-2018 -2along with their co-accused Kulwant Singh @ Gopa, were intercepted. On their search, 49 grams of narcotic was recovered from Kulwant Singh @ Gopa, whereas one country made pistol and one live cartridge were recovered from Rahul (petitioner in CRM-M-56080-2018) and Anmol Datta (petitioner in CRM-M-56004-2018), respectively. Learned counsel inter alia contend that both the petitioners have falsely been implicated in the instant case. They are in custody since 22.10.2018. Both the petitioners are students. Their further custody with other hardcore criminals in jail, would ruin their career being influenced from them, in their tender age around 19 years. Conclusion of trial may take long time. No useful purpose would be served by detaining them in jail.

On the other hand, learned State counsel vehemently opposed the submissions of learned counsels for the petitioners. Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, both the petitions are allowed. Consequently, petitioners, namely; Anmol Datta and Rahul, are ordered to be released on bail pending trial, on their furnishing adequate bail and surety bonds to the satisfaction of trial Court/Duty Magistrate, concerned.

January 31, 2019 (RAMENDRA JAIN) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2019.01.31 18:47 I attest to the accuracy and integrity of this document