The High Court granted bail to the petitioner, accused in a narcotics case arrested solely on a disclosure statement from a co-accused. The Court ordered release on bail with conditions and without expressing an opinion on the merits.
Order released on regular bail with furnishing of a bail bond and surety bond.
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-M-1205-2014 Date of Decision: 07.02.2014
Arjun Yadav
...... Petitioner
Versus
State of Haryana
...... Respondent
CORAM: HON'BLE MR.JUSTICE SURINDER GUPTA
Present : Mr. Pritam Singh Saini, Advocate for the petitioner.
Mr. Shekhar Mudgal, AAG, Haryana.
SURINDER GUPTA, J.(Oral)
Heard.
In this case the police arrested the accused Ram Niwas and Naresh Kumar and recovered 7Kg-700 grams charas from their possession. They were arrested on 9.6.2013.
As per the prosecution, they disclosed during investigation that the contraband had been purchased from the accused-petitioner for `40,000/-, on the basis of their disclosure statement, the petitioner has been arrested on 17.6.2013.
Learned counsel for the petitioner has argued that there is no other evidence on file except the disclosure statement of co-accused. The police has recorded further disclosure statement of the petitioner naming one Kamla as the supplier of the contraband but she has not been arrested.
In this case, no recovery was effected from the petitioner.
Keeping in view all these facts and circumstances and without expressing any opinion on merits, the petitioner is ordered to be released on
regular bail on his furnishing bail bond and surety bond to the satisfaction Satyawan 2014.02.10 12:13 "I attested to the accuracy and integrity of this document" High Court Chandigarh
CRM-M-1205-2014
2
of the CJM/Duty Magistrate, Rohtak subject to the following conditions :-
07.02.2014 ‘Satyawan’
( SURINDER GUPTA ) JUDGE
Satyawan 2014.02.10 12:13 "I attested to the accuracy and integrity of this document" High Court Chandigarh
1 issue framed by the court
Whether the petitioner, arrested on the basis of a disclosure statement from a co-accused without independent recovery from his possession, is entitled to bail.
1 provisions across 1 enactments
Arjun Yadav
State of Haryana
Surinder Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
