Sukhwinder Singh Alias Sukha v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-60432-2024 Date of Decision: 19.12.2024 SUKHWINDER SINGH ALIAS SUKHA ....Petitioner(s)

VERSUS

STATE OF HARYANA ....Respondent(s) CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Rythem Bajaj, Advocate for the petitioner.

Mr. Manish Dadwal, AAG, Haryana.

**** HARKESH MANUJA, J. (Oral) 1.

By way of present fourth petition filed under Section 483 of BNSS, 2023, prayer has been made for grant of regular bail in case FIR No.407 dated 09.09.2020, registered under Section 22 of the NDPS Act, 1985, Police Station Rania, District Sirsa, wherein the petitioner has been implicated with the allegations of having recovered 560 intoxicated capsules..

2.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and he is in custody for almost 01 year & 04 months and none of the prosecution witnesses has been examined so far, thus, he prays for grant of concession of regular bail. 3.

On the other hand, the prayer has been vehemently opposed at the instance of learned State counsel while referring to the recovery involved in the present case which is commercial in nature, thus, he prays for dismissal of the present petition.

SANGEETA 2024.12.20 13:20 I attest to the accuracy and integrity of this document

CRM-M-60432-2024 4.

I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made on behalf of the petitioner.

5.

In the present case, investigation already stands concluded with the filing of challan, followed by framing of charges and trial is likely to take some time as no prosecution witness has been examined so far. The petitioner is in custody for almost 01 year & 04 months, besides it, he is not involved in any other case.

6.

Considering the aforesaid facts, this Court does not find justification to extend the incarceration of the petitioner any further. 7.

In view of the above, but without commenting upon merits of the case, the same is allowed. The petitioner is ordered to be released on bail subject to his furnishing adequate bail bonds / surety bonds to the satisfaction of the Trial Court/Illaqa Magistrate/Duty Magistrate concerned.

8.

It is made clear that this order may not be construed as an expression of opinion on the merits of the case. (HARKESH MANUJA) December 19, 2024 JUDGE Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No SANGEETA 2024.12.20 13:20 I attest to the accuracy and integrity of this document