The High Court
Case Details
CRM M-56677 56677-2024 (O&M) [1] 310 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CRM M RM M-56677-2024 (O&M) Date of Decision: 14.01.2025 Date of Decision: Javed State of Haryana State of VERSUS ...Petitioner ...Respondent
Legal Reasoning
HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE , Advocate for the petitioner. Present : Mr.Kunal Dawar, Advocate for the petitioner. Present : R.P. Singh, DAG, Haryana. Mr. R.P. Singh, DAG, Haryana. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, By way of present first petition filed under Section petition filed under Section 483 83 of made for grant of regular bail to the BNSS, 2023, prayer has been made for grant of regular bail to the made for grant of regular bail to the BNSS, 2023 petitioner in case bearing FIR No.4 dated petitioner in case bearing FIR No. under Sections dated 02.01.2024 under Sections Camp, District of the NDPS Act, 1985 registered at Police Station Camp, District of the NDPS Act, 1985 registered at Police Station 20 of the NDPS Act, 1985 registered at Police Station , whereby the petitioner has been implicated with the allegation Palwal, whereby the petitioner has been implicated with the allegation , whereby the petitioner has been implicated with the allegation , whereby the petitioner has been implicated with the allegation of recovery of 33.333 kg of ganja from the house of recove rented out of ganja from the house allegedly rented out to the petitioner and his wife. to the petitioner and 2. Learned counsel for the petitioner submits that the Learned counsel for the petitioner submits that the Learned counsel for the petitioner submits that the months; trial is likely to petitioner is in custody for the last about 09 months; trial is likely to petitioner is in custody for the last about 0 petitioner is in custody for the last about 0 6 prosecution witnesses, take some time to conclude as out of total 26 prosecution witnesses, take some time to conclude as out of total take some time to conclude as out of total . He also points out that with the allegations none has been examined. He also points out that with the allegations . He also points out that with the allegations none has been ed out two different properties to the petitioner and his of having rented out two different properties to the petitioner and his ed out two different properties to the petitioner and his of having ren wife, separate recoveries were allege wife, separate recover resulting edly effected therefrom resulting ate FIRs i.e. FIR No.3 dated 02.01.2024 into registration of two separate FIRs i.e. FIR No.3 dated 02.01.2024 ate FIRs i.e. FIR No.3 dated 02.01.2024 into registration of two separ and FIR d FIR No.4 dated 02.01.2024 at Poli e Station Camp, District o.4 dated 02.01.2024 at Police Station Camp, District Palwal. He further submits that in FIR No.3, wherein the allegations of . He further submits that in FIR No.3, wherein the allegations of in FIR No.3, wherein the allegations of recovery of 10.412 kg of ganja, the petitioner was granted the recovery of 10.412 kg of ganja, the petitioner was granted the recovery of 10.412 kg of ganja, the petitioner was granted the recovery of 10.412 kg of ganja, the petitioner was granted the cipatory bail by this Court. He also points out that concession of anticipatory bail by this Court. He also points out that cipatory bail by this Court. He also points out that concession of anti SANJAY GUPTA 2025.01.15 10:37 I attest to the accuracy and authenticity of this document CRM M-56677 56677-2024 (O&M) [2] act of the the implication of the petitioner was on account of malafide act of the the implication of the petitioner was on account of the implication of the petitioner was on account of investigating agency as certain averments were made by the brother investigating agency as certain averments were made by the brother investigating agency as certain averments were made by the brother investigating agency as certain averments were made by the brother pect to the of the petitioner in a petition filed before this Court with respect to the of the petitioner in a petition filed before this Court with res of the petitioner in a petition filed before this Court with res release of their other brother and thus release of deserves the and thus the petitioner deserves the concession of bail. concession of bail. 3. he prayer made on behalf of the On the other hand, the prayer made on behalf of the he prayer made on behalf of the opposed by learned State counsel petitioner has been vehemently opposed by learned State counsel opposed by learned State counsel petitioner has been while submitting that apart from the present case, petitioner is also while submitting that apart from the present case, petitioner is also while submitting that apart from the present case, petitioner is also while submitting that apart from the present case, petitioner is also one more case under NDPS Act, besides two other under involved in one more case under NDPS Act, besides two other under one more case under NDPS Act, besides two other under involved in does not deserve the concession of the provisions of IPC and thus he does not deserve the concession of does not deserve the concession of the provisions of bail. 4. el for the parties and gone I have heard learned counsel for the parties and gone I have heard learned couns through the paper book. I find substance in the submissions made by through the paper book. I find substance in the submissions made by through the paper book. I find substance in the submissions made by through the paper book. I find substance in the submissions made by learned counsel for the petitioner. learned counsel for the petitioner. 5. In In In the present case, the present case, the present case, investigation already stands investigation already stands investigation already stands filing of challan, followed by framing of charges concluded with the filing of challan, followed by framing of charges filing of challan, followed by framing of charges concluded with the and out of 26 prosecution witnesses, and out of been examined. The 6 prosecution witnesses, none has been examined. The petitioner is in custody for the last almost petitioner is in custody for the last Besides it, in almost 09 months. Besides it, in FIR No.3 dated 02.01.2024, registered at Police Station Camp, FIR No.3 dated 02.01.2024, registered at Police Station Camp, FIR No.3 dated 02.01.2024, registered at Police Station Camp, FIR No.3 dated 02.01.2024, registered at Police Station Camp, District Palwal, wherein the alleged District Palwal, 10.412 kg of recovery was of 10.412 kg of the petitioner has been granted the concession of anticipatory ganja, the petitioner has been granted the concession of anticipatory the petitioner has been granted the concession of anticipatory the petitioner has been granted the concession of anticipatory justification to extend the bail by this Court. I do not find any justification to extend the bail by this Court. I do not find any bail by this Court. I do not find any even in the present case as two FIRs incarceration of the petitioner even in the present case as two FIRs even in the present case as two FIRs incarceration of the petitioner Nos.3 and 4 dated 02.01.2024 were registered at the same i.e. FIR Nos.3 and 4 dated 02.01.2024 were registered at the same Nos.3 and 4 dated 02.01.2024 were registered at the same Nos.3 and 4 dated 02.01.2024 were registered at the same police Station with respect to two separate properties rented out to police Station with respect to two separate properties rented out to police Station with respect to two separate properties rented out to police Station with respect to two separate properties rented out to effected the petitioner by the owner and the recovery was allegedly effected the petitioner by the owner and the recovery was the petitioner by the owner and the recovery was from the said properties and not from the conscious possession of the from the said properties and not from the conscious possession of the from the said properties and not from the conscious possession of the from the said properties and not from the conscious possession of the petitioner or from his wife titioner or from his wife and the factum of renting out of the ese propertie es to the petitioner and his wife e shall be gone into during tria al. 6. Accordingly, without expressing any opinion on the merits Accordingly, without expressing any opinion on the merits Accordingly, without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is of the case, the present petition is allowed and the petitioner is of the case, the present petition is allowed and the petitioner is of the case, the present petition is allowed and the petitioner is SANJAY GUPTA 2025.01.15 10:37 I attest to the accuracy and authenticity of this document CRM M-56677 56677-2024 (O&M) [3] furnishing adequate bail ordered to be released on bail, subject to his furnishing adequate bail ordered to be released on bail, subject to ordered to be released on bail, subject to bonds/ surety bonds to the s atisfaction of the concerned Trial surety bonds to the satisfaction of the concerned Trial atisfaction of the concerned Trial Court/Duty Magistrate. Court/Duty Magistrate. 7. Pending miscellaneous application(s), if any, shall also Pending miscellaneous application(s), if any, shall also Pending miscellaneous application(s), if any, shall also
Decision
stand disposed of. stand disposed of. .01.2025 14.01.2025 sanjay ( HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Whether speaking/reasoned ? Whether Reportable ? Yes/No Yes/No SANJAY GUPTA 2025.01.15 10:37 I attest to the accuracy and authenticity of this document