A bail petition dismissed as the court held no reason to grant bail. The petitioner, accused for drug offences, resided outside the state, creating arrest difficulties. Prosecution evidence was incomplete.
Petition dismissed; no bail granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No. M-35049 of 2010 (O&M)
Hans Kanwar
State of Haryana
vs
... Petitioner ... Respondent
Coram Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Namit Sharma, Advocate, for the petitioner.
Ms. Shalini Attri, Deputy Advocate General, Haryana.
Rajesh Bindal, J.
The petitioner in the present case is an accused in FIR No. 1055 dated 21.10.2010 with Police Station City Panipat, registered against him under Section 18 of the NDPS Act, on account of recovery of 1.940 kg of opium.
A perusal of the petition shows that the petitioner is a resident of Ujjain (Madhya Pardesh). In case interim bail is granted to the petitioner at this stage, it may be difficult to arrest him again in case he does not appear before the trial court.
Learned counsel for the State submitted that out of twelve witnesses, six have already been examined and the remaining six are official witnesses. She further submitted that prosecution will conclude its evidence on 5.8.2011, the next date of hearing.
Considering the aforesaid facts, I do not find any reason to grant bail to the petitioner at this stage. Accordingly, the petition is dismissed.
5.7.2011 (Rajesh Bindal) vs Judge
3 issues framed by the court
Whether bail should be granted to the petitioner who is an accused in an NDPS case involving opium recovery.
Whether the petitioner's inability to arrest again if granted bail warrants rejection of the petition.
Whether the incomplete prosecution evidence justifies refusal of bail at this stage.
1 provisions across 1 enactments
Hans Kanwar
State of Haryana
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
