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2017 Supreme(J&K) 555

SANJAY KUMAR GUPTA
Mohd. Shafi – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant :Mr. D.K. Khajuria, Advocate
For the Respondentss: Mr. L.K. Moza, AAG.

JUDGMENT :

1. This is an application filed under Section 498 Cr.P.C. for grant of bail. The facts giving rise to filing of the instant application, briefly stated are that, the petitioner was arrested on 04th March, 2017 by the police of Police Station, Kathua and the prosecution has alleged in the charge sheet that the petitioner was stopped by the ASI and two Constables near Shakti Model School, Kathua at about 6.30 P.M when he was riding Motorcycle bearing Registration No. PB58F/5044 and on search, 100 grams of charas (narcotic) was recovered from him and one Tridoo Ram, as alleged in the charge sheet, produced by the police in the Court of learned Principal Sessions Judge, Kathua on 04th April, 2017 and said Tridoo Ram was bailed out on 07th March, 2017 by the learned Special Mobile Magistrate (Sub-Judge), Kathua and the charge sheet was produced in the Court of learned Principal Sessions Judge, Kathua, where the trial is pending and one prosecution witness has been recorded in the said case. The prosecution has cited 14 witnesses and only one witness has been recorded and there is no aspect of ending the trial in near future. The petitioner further submits that it has also been


























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