High Court of Punjab and HaryanaCRM-M/326/2021allowed

Chand Singh @ Chand v. State Of Punjab

2021-03-01Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 326 of 2021 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 326 of 2021 Date of Decision: 1.3.2021 Chand Singh alias Chand ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Veneet Sharma, Advocate for the petitioner.

Mr. Sukhbeer Singh, AAG, Punjab.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. The petitioner seeks regular bail in FIR No. 2 dated 1.1.2020 under Sections 21, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 of the Arms Act, registered at Police Station Jhabal, District Tarn Taran.

Custody certificate by way of affidavit of Deputy Superintendent, Central Jail, Amritsar dated 01.3.2021 has been filed through e-mail. Copy of the same is taken on record. Learned counsel for the petitioner submits that the alleged recovery effected from the petitioner is marginally more than the commercial quantity and the same has been weighed along with the polythene bag. He further submits that the other co-accused, namely, Sarabjit Singh alias Sabby, Sagar and Vikas alias Bholu have been granted regular bail by a Co-ordinate Bench of this Court and the petitioner has been GURPREET SINGH 2021.03.01 17:09 I attest to the accuracy and integrity of this document Chadigarh

CRM-M No. 326 of 2021 -2in custody since 1.1.2020.

On the other hand, learned State counsel has opposed the bail application.

In the present cased, co-accused, namely, Sarabjit Singh alias Sabby, Sagar and Vikas alias Bholu have already been granted regular bail by a Co-ordinate Bench of this Court. As per the custody certificate, the petitioner has been in custody for the last 01 year, 01 month and 24 days and in two other cases he has been acquitted while in another case, he has already undergone the sentence. The trial will take time to conclude because of Covid-19 pandemic. No useful purpose would be served by keeping the petitioner behind the bars.

Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(HARNARESH SINGH GILL) JUDGE March 01, 2021 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2021.03.01 17:09 I attest to the accuracy and integrity of this document Chadigarh