Punjab-Haryana High Court
Sukhvinder Singh vs State Of Haryana on 26 April, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
CRM-M No.19347 of 2024 (O&M) nh: 2024:PHHC:057053
210 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.19347 of 2024 (O&M)
Date of decision : 26.04.2024
Sukhvinder Singh ee Petitioner
versus
StateofHaryana Respondent
CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN
ke
Present :- Mr. S.K.Yadav, Advocate
for the petitioner.
Mr. Ashok Kumar Sehrawat, DAG, Haryana.
ke
PANKAJ JAIN, J. (ORAL)
1 This petition has been filed under Section 439 Cr.P.C. for
grant of regular bail in case F.I.R. No.0021 dated 24.01.2024 registered
under Section 15(b) of the NDPS Act (for short 'the Act') at Police Station
Sadar Narnaul, District Mahendergarh.
2 As per the case of the prosecution, the petitioner was
apprehended and found to be in conscious possession of 5 kg 925 grams of
poppy husk.
3 Learned counsel for the petitioner submits that it is much less
than commercial quantity as the commercial quantity notified under the Act
is 50 kg.
4 Custody certificate has been filed. The same is taken on record.
As per the custody certificate, the petitioner by now has undergone more
than 2 months and 26 days and has clean antecedents.
2024.04.26 16:40
T attest to the accuracy and
authenticity of this
order/judgment.
CRM-M No.19347 of 2024 (O&M) 2h 2024:PHHC:057053
5 Learned counsel for the petitioner submits that challan already
stands presented. Most of the witnesses are official witnesses and thus there
can not be any apprehension that the petitioner shall tamper with the
evidence.
6 Learned State counsel is not in a position to dispute the
aforementioned factual assertions based on record.
7 I have heard learned counsel for the parties and have gone
through the records of the case.
8 Without commenting on the merits of the case and considering
the incarceration suffered by the petitioner and the fact that there is no
apprehension that the petitioner shall tamper with the evidence, the present
petition is allowed. The petitioner is ordered to be released on bail on his
furnishing bail/surety bonds to the satisfaction of the Ld. Trial Court/Duty
Magistrate, concerned. However, in addition to conditions that may be
imposed by the Trial Court/Duty Magistrate concerned, the petitioner shall
remain bound by the following conditions :-
(i) The petitioner shall not mis-use the liberty granted.
(ii) The petitioner shall not tamper with any evidence oral or
documentary during the trial.
(iii) The petitioner shall not absent himself on any date before the trial.
(iv) The petitioner shall not commit any offence while on bail.
(Vv) The petitioner shall deposit his passport, if any with the trial Court.
(vi) The petitioner shall give his cellphone number to the police
authorities and shall not change his cell-phone number without
permission of the trial Court.
(vii) The petitioner shall not in any manner try to delay the trial.
9 Needless to say that anything observed herein shall not be
construed to be an opinion on the merits of the case.
(PANKAJ JAIN )
JUDGE
26.04.2024
Pooja sharma-I Whether speaking/reasoned Yes
Whether Reportable : No
