Jammu & Kashmir High Court
Parshotam Lal Goyal And Others vs Union Territory Of J&K on 13 October, 2021
Supplementary Cause List No. 1
Sr. No. 2
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Pronounced on :13.10.2021
Bail App No. 309/2021
CrlM No. 1847/2021
Parshotam Lal Goyal and others .....Applicant(s)/Petitioner(s)
Through: Mr. Pranav Kohli, Sr. Advocate with
Mr. Varut Kumar Gupta, Advocate.
Vs
Union Territory of J&K ..... Respondent (s)
Through:
Coram: HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
,
ORDER
1. The petitioners seek bail in anticipation of arrest in File No. 1011/2020
(CNR No. JKJM030030492020, D.O.I. 01.07.2020) titled „Union
Territory of J&K through Drugs Control Officer, Zone-1, Jammu V.
Digital Vision and others‟ pending before the court of learned Chief
Judicial Magistrate, Jammu on the grounds mentioned in the petition.
The contention raised by Mr. Pranav Kohli, learned senior counsel on
behalf of the petitioners herein is that the basis of FIR No. 33/2020
registered with Police Station, Ramnagar for commission of offence
under various provisions of the Drugs and Cosmetic Act and Section 304
IPC and the present complaint filed by the respondent is the same. The
petitioners have been granted bail in the aforesaid FIR by this Court and
the bail order is still intact. The facts and circumstances of the case do
not require custody of the petitioners. The learned senior counsel has also
relied upon judgment of the Hon‟ble Supreme Court passed in Criminal
Appeal No. 929 of 2021 titled "Aman Preet Singh Vs. C.B.I Through
Director" decided on 02.09.2021 and Criminal Appeal No. 838 of 2021
titled "Siddharth Vs. The State of Uttar Pradesh and another" decided on
16.08.2021 in support of his contention.
2. The complaint in question has been filed by the respondent wherein the
Court of the Chief Judicial Magistrate, Jammu has initially issued notice
against the accused persons including the present petitioners. It is also
submitted by the petitioners that the warrants of arrest have been issued
by the said Court against the petitioners.
3. Admittedly, the complaint stands filed before the Court of learned Chief
Judicial Magistrate, Jammu more than a year ago and the petitioners have
not caused their appearance before the Court. The petitioners have
instead rushed to this Court seeking bail in the complaint. The petitioners
should have approached the said court for grant of bail. However,
keeping in view the facts and circumstances of the case and the
judgments relied upon by the learned counsel for the petitioners, the
Court is of the view that the petition can be disposed of at this stage itself
by passing certain directions.
4. Accordingly, it is directed that the petitioners shall not be arrested in the
complaint (File No. 1011/2020) pending before the court of Chief
Judicial Magistrate, Jammu for a period of three weeks from today. The
petitioners, in the meanwhile, are at liberty to file the petition for regular
bail which shall be considered and decided by the Court keeping in view
all the facts and circumstances of the case including the impact of F.I.R
No. 33/2020 registered with Police Station, Ramnagar for offences under
various provisions of Drugs and Cosmetic Act and Section 304 IPC
against the petitioners herein.
5. The petition is disposed of accordingly.
(Puneet Gupta)
Judge
Jammu :
13.10.2021
Pawan Chopra
Whether the order is speaking : Yes/No
Whether the order is reportable : Yes/No
PAWAN CHOPRA
2021.10.13 15:06
I attest to the accuracy and
integrity of this document
