Punjab-Haryana High Court
Hardum vs State Of Haryana on 24 August, 2020
Author: Ramendra Jain
Bench: Ramendra Jain
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-23706-2020 (O&M)
Date of Decision : 24.08.2020
Hardum ...... Petitioner
Versus
State of Haryana ...... Respondent
CORAM : HON'BLE MR. JUSTICE RAMENDRA JAIN
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Present : Mr. Amit Choudhary, Advocate
for the petitioner.
Mr. Sumit Gupta, Addl. A.G., Haryana.
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RAMENDRA JAIN, J. (Oral)
Case has been taken up for hearing through video conferencing due to the outbreak of Pandemic COVID-19.
Custody certificate of the petitioner has been filed. Same is taken on record. Be tagged at appropriate place.
Through this second petition 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.500 dated 14.09.2018, registered under Sections 22 (c)/61/85 of the Narcotic Drugs & Psychotropic Substances Act and 201 IPC, at Police Station Ratia, District Fatehabad.
Petitioner is facing trial in the aforesaid FIR on the allegations that on 14.09.2018, he was apprehended with conscious possession of 1950 tablets of Tramadol Hydrochloride, without any permit or licence.
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CRM-M-23706-2020 (O&M) -2-
Learned counsel for the petitioner inter alia contends that he was granted interim bail on 25.03.2019 due to non-receipt of FSL report. On receipt of the same, petitioner surrendered on 09.09.2019. Meaning thereby, he remained in jail for more than 16- 17 months. Conclusion of trial may take a sufficient long time. No useful purpose would be served by detaining the petitioner any more in jail.
On the other hand, learned State counsel vehemently opposed the grant of regular bail to the petitioner.
Considering overall circumstances and the custody period of petitioner for around 16-17 months, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioner Hardum is ordered to be released on bail during pendency of trial, if not required in any other case, on his furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned.
(RAMENDRA JAIN)
24.08.2020 JUDGE
mamta
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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