Punjab-Haryana High Court
Om Parkash vs State Of Haryana --Respondent on 1 April, 2014
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRM No. M-1493 of 2014 (O&M)
Date of Decision: 01.4.2014.
Om Parkash --Petitioner
Versus
State of Haryana --Respondent
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present:- Mr. J.S. Hooda, Advocate for the petitioner.
Mr. Amandeep Singh, A.A.G., Haryana.
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TEJINDER SINGH DHINDSA.J This order shall dispose of the present petition filed under Section 438 Cr.P.C seeking benefit of anticipatory bail to the petitioner in case F.I.R. No.619 dated 2.12.2013 under sections 20, 61, 85 of N.D.P.S Act and 120-B I.P.C, registered at Police Station, Camp Palwal, District Palwal.
While issuing notice of motion, this Court had passed the following order on 16.1.2014:-
"Prayer in this petition is for grant of anticipatory bail to petitioner Om Parkash who has been booked for having committed the offences punishable under Sections 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 120-B, IPC, in a case arising out of FIR No.619 dated
02.12.2013, registered at Police Station, Camp, Palwal.
Learned counsel contends that concededly non commercial quantity of the alleged contraband (Ganja) weighing 1.650 Kgs was recovered from the co-accused, who later disclosed to the police that the same was sold by the petitioner to them; that except the disclosure statements of the co-accused,there is no other material to connect the petitioner Lucky 2014.04.02 13:52 I attest to the accuracy and integrity of this document chandigarh with the alleged offence; and that the petitioner is neither required nor involved in any other case.
CRM No. M-1493 of 2014 (O&M) -2-
Notice of motion for 01.04.2014.
Meanwhile, in the event of his arrest, the petitioner shall be released on ad-interim bail subject to his furnishing personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the Arresting Officer.
The petitioner shall join the investigation as and when required to do so and abide by all the conditions laid down in Section 438(2), Cr.P.C."
Learned State counsel, upon instructions from ASI Ram Bhagat would concede that except for the disclosure statement of the co-accused, there is no other incriminating material gathered during the course of investigation, which would point towards the complicity of the present petition as regards the alleged offence. Even the alleged recovery is of a non-commercial quantity. State counsel further apprises the Court that the petitioner has since joined investigation and is not involved in any other proceedings under the N.D.P.S Act.
In view of the factual position, noticed herein above, this Court is of the considered view that the petitioner is entitled to the concession of pre-arrest bail. Accordingly, the present petition is allowed. Order dated 16.1.2014, passed by this Court is made absolute.
Petition disposed of.
(TEJINDER SINGH DHINDSA) JUDGE April 01, 2014.
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