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(2020) Law Today Live Doc. Id. 15482 = 2020 L.A.R. (e-Suppl.) 1427
Decided on: 07.10.2020
Present:
Mr. Parveen Sharma, Advocate, for the petitioner.
Ms. Gaganpreet Kaur, A.A.G., Haryana.
Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20 – NDPS case -- Recovery of Charas weighing 1 kg 100 grams – Regular bail -- Petitioner was arrested on 15.04.2019 and considering the health condition of the petitioner, interim bail was granted on 20.01.2020 -- As against total 13 witnesses cited by the prosecution, 06 witnesses have been examined, trial is not likely to be concluded in the near future -- Court deemed it appropriate to admit the petitioner on regular bail.
(Para 7)
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HARI PAL VERMA, J. (ORAL) –
1. The matter has been taken up for hearing through video conferencing due to outbreak of COVID-19.
2. Prayer in this petition filed under Section 439 Cr.P.C. is for grant of regular bail pending trial to the petitioner in FIR No.153 dated 15.04.2019 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Ganaur, District Sonipat.
3. The present FIR has been registered against the petitioner on the allegation that he was found in possession of 1 kg 100 grams of Charas without any permit or licence and he was arrested on 15.04.2019.
4. Learned counsel for the petitioner has argued that the alleged recovery is marginal higher than the commercial quantity. He submits that as against total 13 witnesses cited by the prosecution, 06 witnesses have been examined, in this manner, trial is not likely to be concluded in the near future. He further submits that considering the health condition of the petitioner as he is suffering from HIV and serious heart problems, interim bail was granted to him by this Court vide order dated 20.01.2020. As on date, petitioner is on interim bail and there is no other case against him. He refers to the affidavit of the Superintendent District Jail, Sonepat as well as the medical status report (Annexure R-1) of the petitioner attached with the affidavit.
5. Learned State Counsel does not dispute the custody period and the medical condition of the petitioner.
6. Heard learned counsel for the parties.
7. Petitioner in the case was arrested on 15.04.2019 and considering the health condition of the petitioner, interim bail was granted to him vide order dated 20.01.2020 passed by this Court. As against total 13 witnesses cited by the prosecution, 06 witnesses have been examined in the case, trial is not likely to be concluded in the near future. Thus, this Court deems it appropriate to admit the petitioner on regular bail.
8. Accordingly, the present petition is allowed and the interim bail granted to the petitioner vide order dated 20.01.2020 passed by this Court, is hereby made absolute, subject to his furnishing fresh bail bonds/surety bonds to the satisfaction of trial Court/Duty Magistrate.
Petition allowed.
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