Date of Decision : 31.7.2014 Vs. State of Punjab

Date of Decision : 31.7.2014 vs State of Punjab

Type Court Judgment Court Punjab and Haryana Decided Jul 31, 2014

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Citation: sooperkanoon.com/1158905
Court: Punjab and Haryana High Court
Decided On: Jul 31, 2014
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Date of Decision : 31.7.2014

Respondent

State of Punjab

Excerpt

.....of application for remand dated 9.2.2014 (annexure p2) on the ground that the recovered poppy husk belonged to him (petitioner). the learned state counsel has failed to point out any evidence against him in this relevant connection. therefore, possibility of false implication of petitioner in this case cannot be ruled out at this stage.5. moreover, the petitioner was arrested on 8.2.2014. since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. there is no history of his previous involvement in any other criminal case. the final conclusion of trial will naturally take a long time.6. in the light of aforesaid reasons, taking into consideration the totality of facts & circumstances, emanating from the record, as described here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the course of trial of main case, the instant petition for regular bail is hereby accepted. the petitioner is ordered to be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of the trial court.7. needless to mention that nothing observed, here-in-above, would reflect on the merits of the main case, in any manner, as the same has been so recorded for the limited purpose of deciding the present petition for regular bail only. sd/- 31.7.2014 (mehinder singh sullar) as judge arvind kumar sharma 2014.08.01 10:47 i attest to the accuracy and integrity of this document chandigarh

Full Judgment

CRM No.M-18713 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-18713 of 2014 Date of Decision :

31. 7.2014 Rehmat Ali @ Goga ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present:- Mr.Vivek K.Thakur, Advocate for the petitioner. Mr.Raj Preet Singh Sidhu, AAG Punjab for the State. Mehinder Singh Sullar, J.

(Oral) Petitioner Rehmat Ali alias Goga son of Sardar Ali alias Lal Khan, has directed the instant petition, for the grant of concession of regular bail, in a case registered against him along with his other main co-accused, namely, Jagjit Singh son of Jarnail Singh, vide FIR No.197 dated 11.9.2012 (Annexure P1), on accusation of having committed the offences punishable under sections 15 & 25 of the Narcotic Drugs & Psychotropic Substances Act, 1985 by the police of Police Station Sadar Jagraon, District Ludhiana.

2. Notice of the petition was issued to the State.

3. After hearing the learned counsel for the parties, going through the record with their valuable help and considering the entire matter deeply, to my mind, the present petition deserves to be accepted in this regard.

4. Precisely, the prosecution claimed that on 11.9.2012, two bags, each containing 37 Kgs. of Poppy Husk, were recovered from the house of main accused Jagjit Singh in the presence of Surinder Kumar, the then DSP, Arvind Kumar Sharma 2014.08.01 10:47 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-18713 of 2014 2 Jagraon. Strange enough, the petitioner was arrested in this case on 8.2.2014, i.e. after about 1½ years of pointed recovery, in pursuance of application for remand dated 9.2.2014 (Annexure P2) on the ground that the recovered Poppy Husk belonged to him (petitioner). The learned State counsel has failed to point out any evidence against him in this relevant connection. Therefore, possibility of false implication of petitioner in this case cannot be ruled out at this stage.

5. Moreover, the petitioner was arrested on 8.2.2014. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. There is no history of his previous involvement in any other criminal case. The final conclusion of trial will naturally take a long time.

6. In the light of aforesaid reasons, taking into consideration the totality of facts & circumstances, emanating from the record, as described here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the course of trial of main case, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of the trial Court.

7. Needless to mention that nothing observed, here-in-above, would reflect on the merits of the main case, in any manner, as the same has been so recorded for the limited purpose of deciding the present petition for regular bail only. Sd/- 31.7.2014 (Mehinder Singh Sullar) AS Judge Arvind Kumar Sharma 2014.08.01 10:47 I attest to the accuracy and integrity of this document Chandigarh

Same Court & Year Punjab and Haryana · 2014 Same Parties Date of Decision : 31.7.2014 vs State of Punjab Same Subject Education