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2026 DAILYLAW 403 (PNJ)

AMJAD ALI v. STATE OF HARYANA

CRM-M/50801/2025 · 2026-02-04

Subhas Mehla

body2026

Judgment text

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    -1-      IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH      Decided on: 04.02.2026   …...Petitioner Versus    …...Respondent CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA Present:           **** SUBHAS MEHLA, J. (Oral)                  ! "  # #   $ " % &'&  #           ()"  '*' &'&*    &'$%$ %$%"+,  - *  &.&-"+,   - *    ,   , " +     /0 "  &                   0   '*' &'&* 1  0!   2 0 3  4!   4 4   &' #  5  ! 1 0            0     0    6             0                 0 1 0!  2 03   SONIA PURI 2026.02.11 10:16 I attest to the accuracy and integrity of this document     -2-      0 4           4! 0             1  0!   2 0 3   0   1 0!6 !#  4!           !  7       7        & '.&'&*   7)11&.'& 1&'&* $8  ,1&%             0           !0   '-0    " 0  *   )0   7  9 :! 4    7     1  ! 4!         !       ' '&&'&;                0        ()  5  !  !  1       !00 5  !:4             ! 0 '-0  & ! ;  : 7. Keeping in view the facts and circumstances of the case and the fact that nothing has been recovered from the petitioner; the present petitioner is on same footing as that of co-accused-Liyakat Ali who was nominated by the co-accused namely Surinder Kumar @ Bhura from whose possession the alleged contraband has been recovered, has already been granted bail by this Court; present petitioner is in custody for the SONIA PURI 2026.02.11 10:16 I attest to the accuracy and integrity of this document     -3-      last more than 09 months & 28 days; also there is no material which shows that after release of the petitioner, the petitioner will tamper with the evidence; trial will take sufficient time to conclude and no fruitful purpose would be served by keeping him in custody for any further period, as concession of bail cannot be denied just as a measure of punishment as culpability is to be decided by trial Court after appreciating evidence adduced by the parties, and it is a trite principle of criminal jurisprudence that bail is rule, jail is an exception, this Court deems it a fit case           8. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. 9. Nothing observed herein shall be construed as an opinion on the merits of the main case. (SUBHAS MEHLA) JUDGE 04.02.2026 Sonia Puri Whether Speaking/Reasoned: YES/NO  Whether Reportable: YES/NO     SONIA PURI 2026.02.11 10:16 I attest to the accuracy and integrity of this document