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Jyoti vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 10 December 2020 · Citation: (2020) 12 P&H CK 0186

HON’BLE JUDGES
Harnaresh Singh Gill, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotroic Substantes Act, 1985 — Section 21(b), 27(a)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 38371 Of 2020 (O&M)
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Judgment

17 paragraphs · 284 words

Harnaresh Singh Gill, J

Case is taken up for hearing through video conferencing. CRM-29680-2020

Application is allowed as prayed for.

Order dated 24.11.2020 passed by a Coordinate Bench of this Court in CRM-M-30275-2020 is taken on record.

CRM-M-38371-2020

Through this petition under Section 439 Cr.P.C., the petitioner seeks regular bail in case bearing FIR No.250 dated 01.08.2020 registered under

Sections 21(b) and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Bhuna, District Fatehabad.

Learned counsel for the petitioner states that the recovery effected from the petitioner is of non-commercial quantity and she being a lady has been in

custody since 02.08.2020. It is further stated that in another case registered under NDPS Act, the petitioner was granted regular bail by a Co-ordinate

Bench of this Court vide order dated 24.11.2020 passed in CRM-M-30275-2020.

Learned State counsel states that it is within the period of four months itself that the petitioner is involved in another case i.e. the present case.

I have heard learned counsel for the parties.

As noticed above, the recovery effected from the petitioner is of non-commercial quantity and the petitioner has been in custody since 02.08.2020. So

far as the another case is concerned, as noticed above, the petitioner stands granted regular bail in the said case by the Co-ordinate Bench of this

Court and the trial is likely to take long time to conclude.

In view of the above, without commenting anything on the merits, lest it should prejudice the case of either side, the present petition is allowed and the

petitioner is ordered to be released on bail on her furnishing bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate.