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(2020) Law Today Live Doc. Id. 15050 = 2020 L.A.R. (e-Suppl.) 648
Decided on: 19.06.2020
(Heard through VC)
Present:
Mr. Pankaj Kaushik, Advocate for the petitioner.
Ms. Dimple Jain, AAG, Haryana.
Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Sections 188, 269, 270 -- Disaster Management Act, 2005 (53 of 2005), Section 51 – Narcotic Drugs and Psychotropic Substances, Act, 1985 (61 of 1985), Sections 20, 29 -- Accused in custody since 11.04.2020 -- Since the investigation is complete and the challan has already been presented and the trial is likely to take some time to conclude as due to COVID-19 situation, Courts are not working at their full strength and not taking up regular hearing matters, therefore, no useful purpose would be served in keeping the petitioner behind bars -- Petitioner is directed to be released on regular bail.
(Para 1, 4)
JUDGMENT
JAISHREE THAKUR J. (ORAL) –
1. This is a petition that has been filed for grant of regular bail in case FIR No.98 dated 11.04.2020 under Sections 188, 269, 270 IPC and Section 51 of Disaster Management Act and Sections 20, 29 of NDPS Act registered at Police Station Baroda, District Gohana to the petitioner, who is in custody since 11.04.2020.
2. Counsel for the petitioner herein would contend that petitioner was implicated in the aforementioned FIR on the disclosure statement of accused-Pawan, which is not sustainable in the eyes of law. Moreover, the recovery had been made from Pawan and not from the petitioner. The investigation is complete and the challan has already been presented, therefore, the petitioner is entitled to concession of bail.
3. Learned counsel appearing for the respondent-State opposes the regular bail, who argues that no ground is made out for concession of regular bail.
4. I have heard learned counsel for the parties. Since the investigation is complete and the challan has already been presented and the trial is likely to take some time to conclude as due to COVID-19 situation, Courts are not working at their full strength and not taking up regular hearing matters, therefore, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.
Petition allowed.
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