Crm-m No. 10204 of 2014. Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1136099
CourtPunjab and Haryana High Court
Decided OnMar-28-2014
AppellantCrm-m No. 10204 of 2014.
RespondentState of Punjab
Excerpt:
crm-m no.10204 of 2014 1 in the high court of punjab and haryana at chandigarh crm-m no.10204 of 2014. date of decision :28. 03.2014. gurmail singh @ gurvail singh ...petitioner versus state of punjab ...respondent coram : hon'ble mr. justice m. jeyapaul present: mr. d.s. pheruman, advocate for the petitioner. mr. n.k. chopra, deputy advocate general, punjab. *** m. jeyapaul, j.(oral) 1. the petitioner has moved this petition under section 439 of the code of criminal procedure seeking regular bail.2. the allegation is that the petitioner along with 4 other accused were found in possession of 7 bags of poppy husk weighing 35 kg. each. the petitioner was arrested on 23.06.2013, 7 days after the occurrence.3. learned counsel appearing for the petitioner would submit that the fir does not reflect that anyone of the members of the police party could identify the petitioner herein, who allegedly gave a slip to the police party during the course of raid. therefore, it is his submission that the petitioner, who was arrested without proper identification after 7 days from the date of occurrence, may be released on bail.4. of course, the learned state counsel objects to kanchan 2014.03.31 16:36 i attest to the accuracy and integrity of this document chandigarh crm-m no.10204 of 2014 2 granting bail to the petitioner.5. the fact remains that the petitioner does not have any criminal antecedents. challan was already presented. none had identified at the scene of occurrence that the petitioner also was one of the persons, who was present at the time of raid.6. considering the above facts and circumstances, i find that the petitioner has made out a case for grant of bail. therefore, without expressing any opinion on the merit of the case, the petitioner is ordered to be released on bail on his furnishing bail bonds to the satisfaction of trial court. petition is disposed of accordingly. march 28, 2014 (m. jeyapaul) kanchan judge kanchan 2014.03.31 16:36 i attest to the accuracy and integrity of this document chandigarh
Judgment:

CRM-M No.10204 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.10204 of 2014. Date of Decision :

28. 03.2014. Gurmail Singh @ Gurvail Singh ...Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR. JUSTICE M. JEYAPAUL Present: Mr. D.S. Pheruman, Advocate for the petitioner. Mr. N.K. Chopra, Deputy Advocate General, Punjab. *** M. Jeyapaul, J.(Oral) 1. The petitioner has moved this petition under Section 439 of the Code of Criminal Procedure seeking regular bail.

2. The allegation is that the petitioner along with 4 other accused were found in possession of 7 bags of poppy husk weighing 35 kg. each. The petitioner was arrested on 23.06.2013, 7 days after the occurrence.

3. Learned counsel appearing for the petitioner would submit that the FIR does not reflect that anyone of the members of the police party could identify the petitioner herein, who allegedly gave a slip to the police party during the course of raid. Therefore, it is his submission that the petitioner, who was arrested without proper identification after 7 days from the date of occurrence, may be released on bail.

4. Of course, the learned State counsel objects to Kanchan 2014.03.31 16:36 I attest to the accuracy and integrity of this document Chandigarh CRM-M No.10204 of 2014 2 granting bail to the petitioner.

5. The fact remains that the petitioner does not have any criminal antecedents. Challan was already presented. None had identified at the scene of occurrence that the petitioner also was one of the persons, who was present at the time of raid.

6. Considering the above facts and circumstances, I find that the petitioner has made out a case for grant of bail. Therefore, without expressing any opinion on the merit of the case, the petitioner is ordered to be released on bail on his furnishing bail bonds to the satisfaction of trial court. Petition is disposed of accordingly. March 28, 2014 (M. JEYAPAUL) Kanchan JUDGE Kanchan 2014.03.31 16:36 I attest to the accuracy and integrity of this document Chandigarh