High CourtsSingle Bench

Dharminder Singh vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 9 October 2018 · Citation: (2018) 10 P&H CK 0093

HON’BLE JUDGES
Inderjit Singh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439, 482 · Indian Penal Code, 1860 — Section 20B, 201, 467, 468, 471 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 21, 29
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous (M) No.29965 of 2018 (O & M)
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Judgment

21 paragraphs · 409 words

This is an application under Section 482 Cr.P.C. for addition of Sections 467, 468, 471, 201 and 120-B of IPC in the head-note and prayer clause of

the main petition and for placing on record the certified copy of amended charge-sheet dated 19.09.2017 as Annexure P-9.

Heard.

Learned State counsel submits that she has no objection, if the present application is allowed.

In view of the grounds mentioned in the application as well as no objection pleaded by learned State counsel, the present application is allowed.

Amended charge-sheet is taken on record as Annexure P-9, subject to all just exceptions. Registry is directed to add Sections 467, 468, 471, 201 and

120-B of IPC in the head-note and prayer clause of the main petition.

Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.76 dated

19.06.2014, registered at Police Station Sarai Amanat Khan, under Sections 21 and 29 of the NDPS Act, 1985 and Sections 467, 468, 471, 201 and

120-B of IPC.

Notice of motion was issued. Learned State counsel has appeared and contested the instant petition.

I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record.

From the record, I find that allegation under Section 21 of the NDPS Act, 1985 regarding recovery of 01 kg heroin has been levelled against co-

accused Balkar Singh. The present petitioner is a private person. As per the charge-sheet (Annexure P-9), the only allegation against the present

petitioner is that he has connived with Inspector Jagbir Singh, who tampered with CCTV footage and has been charge-sheeted under Sections 468

and 201 of IPC.

The petitioner has been in custody since 30.04.2017. He is not required for any investigation or interrogation purposes as he is in judicial custody. The

trial of the case may take a long time. No useful purpose will be served by keeping the petitioner in custody till the final disposal of the case.

Keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on

the merits of the case, this criminal miscellaneous petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing

personal bonds in the sum of `50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate.