Bail petition under Section 439 Cr.P.C. allowed for a petitioner charged with possession of charas. Court ordered release on parity with a co-accused, who was already on bail.
Petitioner ordered to be released on bail pending trial, furnishing bonds to Trial Court/Duty Magistrate.
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.
-1-
CRM-M-1184 of 2019 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-1184 of 2019 (O&M) Date of Decision: 09.05.2019
Bittu
...Petitioner
Versus
State of Haryana
....Respondent
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present:Mr. Sandeep Verma, Advocate, for Mr. Ankur Tyagi, Advocate, for the petitioner. Mr. Munish Sharma, AAG, Haryana.
RAMENDRA JAIN, J. (ORAL)
Through this petition filed under Section 439 Cr.P.C. prayer has been made for grant of regular bail to the petitioner in a case arising from FIR No. 453 dated 16.11.2018, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Murthal, Sonepat.
According to the prosecution, on 16.11.2018, the petitioner along with his co-accused was caught red handed with conscious possession of 820 grams of charas, without any permit or licence.
Learned counsel inter alia contends that petitioner has falsely been implicated in this case. The alleged recovery of charas, which falls under the category of “non-commercial quantity” was effected from coaccused of the petitioner. Petitioner is in custody since 16.11.2017. Conclusion of trial may take sufficient long time and no useful purpose will RAVINDER SINGH 2019.05.10 16:06I attest to the accuracy andbe served by detaining the petitioner behind bars. Treating the case of the integrity of this document
-2-
CRM-M-1184 of 2019 (O&M)
petitioner on the same parity as that of his co-accused who has been enlarged on regular bail by this Court vide order dated 25.03.2019 passed in CRM-M-12322 of 2019, he may also be granted bail.
On the other hand, learned State counsel vehemently opposed the above submission of learned counsel for the petitioner.
Having given thoughtful consideration to the submissions made by learned counsel for the parties, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, the petitioner is ordered to be released on bail pending trial on the same parity as that of his co-accused, subject to his furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate.
(RAMENDRA JAIN) May 09, 2019 JUDGE R.S. Whether speaking/reasoned Yes/No Whether Reportable Yes/No
RAVINDER SINGH 2019.05.10 16:06 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether regular bail should be granted to the petitioner caught with charas and awaiting trial.
Bittu
State of Haryana
Ramendra Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
