Punjab-Haryana High Court
Sahi Ram vs State Of Haryana on 12 January, 2024
Neutral Citation No:=2024:PHHC:004025
S. No.219 2024:PHHC:004025
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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CRM-M-48146 of 2023 (O&M)
Date of Decision:12.01.2024
Sahi Ram .....Petitioner
Vs.
State of Haryana .....Respondent
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Amit Choudhary, Advocate for the petitioner.
Mr. Sumit Jain, Addl. AG, Haryana.
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DEEPAK GUPTA, J. (Oral)
By way of present petition filed under Section 439 Cr.P.C., petitioner
prays for grant of regular bail in case FIR No.270 dated 17.11.1998 registered
under Sections 28/25/27-A/61/85 of Narcotic Drugs and Psychotropic Substances
Act, at Police Station Bhattu Kalan, District Fatehabad (Haryana).
Status report by way of an affidavit of Shri Kulwant Singh, HPS,
Deputy Superintendent of Police, Fatehabad has already been received through
Registry.
On 16.11.2023, the following order was passed by this Court:-
"Contention of learned counsel for the petitioner is that petitioner along
with co-accused Amar Singh were declared proclaimed offender vide order dated
27.02.1999. Learned counsel contends that petitioner was not aware about the
lodging of the FIR against him. Attention is drawn towards the contents of the
judgment dated 03.12.2001 (Annexure P-3) qua the co-accused, wherein it is
disclosed that contraband was recovered from the possession of 04 accused
namely Lilu, Kuldip, Anirudh and Ram Phal who suffered disclosure statement, as
per which they had purchased the opium from Amar Singh brought in a truck. The
only role attributed to the petitioner is that he is the owner of the truck in which
Amar Singh had brought the opium.
Learned counsel further contends that co-accused Amar Singh was also
declared proclaimed offender and he has since been allowed bail by a co-
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Neutral Citation No:=2024:PHHC:004025
CRM-M-48146 of 2023 (O&M) -2- 2024:PHHC:004025
ordinate Bench of this Court vide order dated 17.07.2023 in CRM-M-20277-
2019 (Annexure P-4).
Notice of motion.
Mr. Parveen Kumar Aggarwal, DAG, Haryana accepts notice on behalf
of respondent- State.
Custody certificate has been placed on record by learned State counsel.
Adjourned to 04.01.2024 for filing status report."
Learned State Counsel, while opposing the bail petition, submits that
in fact it is the petitioner - Sahi Ram, owner of the truck, who had brought the
opium as per the disclosure statement of Amar Singh as well as Sahi Ram.
On the other hand, learned counsel for the petitioner submits that
Amar Singh, has already been allowed.
Perusal of the custody certificate reveals that petitioner is in custody
for the last 01 year 03 months and 09 days with no criminal antecedents. Trial
may take long time to conclude.
Having regard to all the afore-said facts and circumstances, but
without commenting anything on the merits of the case, present petition is
allowed. Petitioner is admitted to bail on his furnishing bail bonds and surety
bonds to the satisfaction of learned trial Court/ Duty Magistrate concerned, on
usual terms and conditions.
January 12, 2024 ( DEEPAK GUPTA )
renu JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2024:PHHC:004025
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