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2018 DIGILAW 54 (PNJ)

Surya Parkash v. State of Haryana

2018-01-09

AUGUSTINE GEORGE MASIH

body2018
JUDGMENT Mr. Augustine George Masih , J. (Oral):- Petitioner has approached this Court for grant of regular bailby filing this petition under Section 439 of the Code of Criminal Procedure,1973, in FIR No.157, dated 20.06.2016, registered at Police Station SadarSirsa, under Sections 21 and 22-B of Narcotic Drugs and PsychotropicSubstances Act, 1985. 2. Petitioner was arrested in this case on the basis ofconfessional/disclosure statement made by co-accused Chander ParkashSoni @ Sonu before the police, in which, he stated that he has received1200 tablets of Alprazolam of 0.05 MGB per tablet from the petitioner, whois his real brother and a chemist/druggist in Rajasthan. 3. Counsel for the petitioner contends that co-accused ChanderParkash Soni @ Sonu has been granted the concession of regular bail bythis Court in CRM-M-28488-2016, titled as ‘Chander Parkash Soni @ SonuVs. State of Haryana’, decided on 28.02.2017. He further contends that norecovery has been effected from the petitioner and nine months have sincepassed till date and only two witnesses have been examined out of the totalseventeen witnesses nominated by the prosecution. He contends that thepetitioner, therefore, may be granted the concession of regular bail duringthe pendency of the trial. 4. On the other hand, counsel for the State contends that thepetitioner is the real culprit as he is the person, who had been supplying themedicines to the persons for further distribution in violation of the statutoryprovisions without permission and violating the provisions of statute. He,however, could not dispute the fact that no recovery has been effected fromthe petitioner at the time when he was arrested nor has any recovery beeneffected from the chemist shop, which is owned and being run by thepetitioner. 5. Keeping in view the facts and circumstances of the case andalso in the light of the fact that co-accused Chander Parkash Soni @ Sonuhas already been granted regular bail by this Court on 28.02.2017(Annexure P-5), without expressing any opinion on the merits of the case,this criminal miscellaneous petition is allowed and the petitioner is orderedto be released on bail subject to his furnishing personal and surety bonds tothe satisfaction of the trial Court/Duty Magistrate, Sirsa.