In a bail petition under CrPC Sec 439 for an NDPS offence where recovery was not made from the petitioner, the High Court of Punjab and Haryana, without expressing an opinion on merits, granted bail to ensure trial proceedings were not delayed.
Petitioner released on regular bail by furnishing bond and surety to the satisfaction of the Trial Court.
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.
CRM-M-2500 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM-M-2500 of 2017 Date of Decision: 01.02.2017
Mahender Singh ....Petitioner
VERSUS
State of Haryana ....Respondent
CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. Vishal Goyal, Advocate for the petitioner.
SURINDER GUPTA, J.(Oral)
The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.283 dated 03.08.2016 registered for the offence punishable under Section 22-C of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Rania.
Heard.
Notice of motion.
On asking of the court, Ms. Harpreet Kaur, AAG, Haryana, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with her.
The petitioner was arrested on the disclosure statement of coaccused-Vinod Kumar that he had purchased tablets recovered in this case from petitioner-Mahender Singh. No recovery of contraband was effected from the petitioner.
Learned State counsel submits that the petitioner was arrested
Jitender Kumar 2017.02.01 15:58 I attest to the accuracy and integrity of this document
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CRM-M-2500 of 2017
on 04.08.2016 and challan against him has already been presented by the police.
In view of above but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. PetitionerMahender Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:-
(a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.
(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.
(c) He shall not leave the country without the previous permission of the Court.
February 01, 2017 ( SURINDER GUPTA ) jk JUDGE
Whether speaking/reasoned Yes/No Whether reportable Yes/No
Jitender Kumar 2017.02.01 15:58 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the petitioner is entitled to regular bail in an NDPS offence.
Whether bail should be granted given the anticipated long duration of the trial.
3 provisions across 2 enactments
Mahender Singh
State of Haryana
Surinder Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
