Vikas Singh Chaudhary Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1072469
CourtPunjab and Haryana High Court
Decided OnFeb-15-2013
AppellantVikas Singh Chaudhary
RespondentState of Punjab
Excerpt:
criminal misc. not m-977 of 2013 ..1.in the high court of punjab and haryana at chandigarh criminal misc. not m-977 of 2013 date of decision:15. hfebruary, 2013 vikas singh chaudhary ...petitioner versus state of punjab ...respondent coram: hon'ble mr.justice naresh kumar sanghi present: mr.ritesh pandey, advocate, for the petitioner. mr.piyush singla, deputy advocate general, punjab. *** naresh kumar sanghi, j. prayer in this petition is for grant of bail to petitioner-vikas singh chaudhary, who has been booked for having committed the offence punishable under section 21 of the narcotic drugs and psychotropic substances act, 1985 in a case arising out fir no.19, dated 19.04.2012, registered at police station, sadar, pathankot, district gurdaspur. learned counsel for the petitioner submits that the non-commercial quantity of 250 grams of heroin was allegedly recovered from the petitioner. he further submits that the similar situated three co-accused of the petitioner have already been granted the concession of bail by this court. learned counsel for the state has conceded that criminal misc. not m-977 of 2013 ..2.only 250 grams of heroin was recovered which falls within the ambit of non-commercial quantity. he further concedes that the petitioner is neither required not involved in any other case. heard. the petitioner is behind the bars from 19.04.2012. after completion of the investigation, the charge- sheet has already been submitted, therefore, the petitioner is no more required for the purpose of investigation or interrogation. the contraband alleged to have been recovered from the petitioner falls within the ambit of non-commercial quantity. he is neither required not involved in any other case. the co.accused of the petitioners have already been granted the concession of bail by this court. keeping in view the totality of the circumstances of the case, the present petition is allowed. petitioner-vikas singh chaudhary, s/o joginder singh, r/o jaglot ps kathua (j&k).is ordered to be released on bail, during the pendency of the trial, subject to his furnishing bail bonds to the satisfaction of the learned chief judicial magistrate/duty magistrate, pathankot. (naresh kumar sanghi) february 15, 2013 judge seema
Judgment:

Criminal Misc.

not M-977 of 2013 ..1.IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.

not M-977 of 2013 Date of Decision:

15. hFebruary, 2013 Vikas Singh Chaudhary ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE Mr.JUSTICE NARESH KUMAR SANGHI Present: Mr.Ritesh Pandey, Advocate, for the petitioner.

Mr.Piyush Singla, Deputy Advocate General, Punjab.

*** Naresh Kumar Sanghi, J.

Prayer in this petition is for grant of bail to petitioner-Vikas Singh Chaudhary, who has been booked for having committed the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in a case arising out FIR No.19, dated 19.04.2012, registered at Police Station, Sadar, Pathankot, District Gurdaspur.

Learned counsel for the petitioner submits that the non-commercial quantity of 250 grams of heroin was allegedly recovered from the petitioner.

He further submits that the similar situated three co-accused of the petitioner have already been granted the concession of bail by this Court.

Learned counsel for the State has conceded that Criminal Misc.

not M-977 of 2013 ..2.only 250 grams of heroin was recovered which falls within the ambit of non-commercial quantity.

He further concedes that the petitioner is neither required not involved in any other case.

Heard.

The petitioner is behind the bars from 19.04.2012.

After completion of the investigation, the charge- sheet has already been submitted, therefore, the petitioner is no more required for the purpose of investigation or interrogation.

The contraband alleged to have been recovered from the petitioner falls within the ambit of non-commercial quantity.

He is neither required not involved in any other case.

The Co.accused of the petitioners have already been granted the concession of bail by this Court.

Keeping in view the totality of the circumstances of the case, the present petition is allowed.

Petitioner-Vikas Singh Chaudhary, s/o Joginder Singh, r/o Jaglot PS Kathua (J&K).is ordered to be released on bail, during the pendency of the trial, subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Pathankot.

(NARESH KUMAR SANGHI) February 15, 2013 JUDGE seema