Ramphal v. State Of Haryana

CRM-M- 54478 of 2019 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1) CRM-M- 54478 of 2019 (O&M) Date of decision : 28.1.2020 ...

Ramphal ................Petitioner vs.

State of Haryana .................Respondent 2) CRM-M- 55218 of 2019 (O&M) ...

Krishan ................Petitioner vs.

State of Haryana .................Respondent 3) CRM-M- 47855 of 2019 (O&M) ...

Peer Dass ................Petitioner vs.

State of Haryana .................Respondent Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. Brijender Kaushik, Advocate for the petitioner(s) Ms. Harpreet Kaur, Assistant Advocate General, Haryana.

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CRM-M- 54478 of 2019 -2H. S. Madaan, J. (Oral) Vide this order, I intend to dispose of three petitions, bearing CRM-M- 54478 of 2019 titled as 'Ramphal vs. State of Haryana' filed by the petitioner-Ramphal, CRM-M- 55218 of 2019 titled as 'Krishan vs. State of Haryana' filed by the petitioner-Krishan and CRM-M- 47855 of 2019 titled as 'Peer Dass vs. State of Haryana' filed by the petitioner-Peer Dass, for grant of regular bail, in FIR No. 304 dated 8.8.2019, for offence under Section 20 of the NDPS Act, 1985 registered at Police Station Pinjore, District Panchkula. Briefly stated, facts of the case as per the prosecution story are that on 8.8.2019, at about 3.00 P.M., in the area of Charnia turn, Police Station Pinjore, when apprehended by the police party, all the three accused aforementioned, who were riding a motorcycle, were found to be in conscious possession of 16 kgs and 400 grams of Ganja. They were arrested in this case.

After completion of investigation, they have been challaned. Challan against them is stated to be pending trial. All the three accused had filed applications for grant of regular bail before the trial Court, but those were dismissed. As such, they have approached this Court craving for grant of similar relief. Such request is however being opposed by the State counsel. I have heard learned counsel for the petitioners, learned State counsel, besides going through the record.

Admittedly, the recovery of contraband effected from all the

CRM-M- 54478 of 2019 -3three accused is less than commercial quantity. None of them is stated to have any previous criminal record. The trial is at initial stage. Its conclusion is likely to take some time. Under the circumstances, the petitions call for acceptance.

Accordingly, all the three petitions bearing CRM-M- 54478 of 2019, CRM-M- 55218 of 2019 and CRM-M- 47855 of 2019, are accepted. Petitioners - Ramphal, Krishan and Peer Dass are ordered to be released on bail on their furnishing bail bonds and surety bonds to the satisfaction of the trial Court/CJM/Duty Magistrate, Panchkula. However, it is made clear that in case the petitioners are found indulging in any criminal act after being granted bail by this Court, this order shall be liable to be withdrawn.

( H.S. Madaan ) 28.1.2020 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No