IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-11485 of 2009 Date of decision : 18.05.2009 Vijay Pal ....Petitioner V/s State of Haryana ....Respondent. BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Rajesh Khandewal, Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. DAG Haryana. RAJAN GUPTA J. (ORAL) The petitioner has sought concession of regular bail in case FIR No. 436 dated 06.06.2008 registered under Section 15 of the NDPS Act at police station Sadar Hisar, District Hisar. Learned counsel for the petitioner submits that petitioner was not apprehended on the spot by the police and was arrested after 09 months of the registeration of the FIR. Learned counsel further submits that co- accused of the petitioner namely Kalu has already been already been enlarged on bail by this Court vide order dated 15.09.2008, Annexure P-1. Learned counsel for the State has however, opposed the grant of bail to the petitioner on the ground that recovery alleged from the petitioner is 40 kilogram of chura post. However, counsel admits that quantity recovered from the petitioner is non-commercial in nature. Under the circumstances, I am of the considered view that petitioner deserves to be enlarged on bail pending trial. No useful purpose would be served by incarcerating the petitioner during the pendency of the Crl. Misc No. M-11485 of 2009 -2- trial. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of Chief Judicial Magistrate, Hisar. 18.05.2009 (RAJAN GUPTA) Ajay JUDGE