Lakhvir Singh v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-4266-2020 (O&M) Date of decision: 30.06.2020 Lakhbir Singh ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. G.S. Dhillon, Advocate for the petitioner.

Ms. Monika Jalota, DAG, Punjab.

******* ARVIND SINGH SANGWAN, J. (ORAL) CRM-9602-2020 For the reasons stated in the application, same is allowed and name of the petitioner is ordered to be corrected from Lakhvir Singh to Lakhbir Singh. Amended memo of parties is taken on record. Registry is directed to carry out the correction accordingly. CRM stands disposed of.

CRM-13692-2020 Prayer in this application is for preponing the date of hearing. Learned counsel for the petitioner submits that son of the petitioner aged about 7 years is suffering from heart ailment and needs urgent treatment. It is further submitted that his wife has been recently diagnosed with cancer. For the reasons stated in the application, same is allowed and the

-2date of hearing is preponed from 17.07.2020 to today. CRM stands disposed of.

Prayer in this petition is for grant of regular bail in FIR No.154 dated 13.12.2019 under Sections 18, 25, 29 of NDPS Act, registered at Police Station Tappa Mandi, District Barnala.

Learned counsel for the petitioner submits that as per allegations in the FIR, the police party received an information that two persons namely Amarjit Singh and Jagseer Singh @ Shira are habitual of selling opium and they are bringing the same from some other place in a truck and if a raid is conducted, they can be apprehended with opium. Upon this, the police party apprehended both of them and recovered 6 kg of opium. It is further submitted that the petitioner was not named in the secret information or in the FIR and on the basis of disclosure statement of one of the co-accused Amarjit Singh, his name was surfaced and thereafter, the police party apprehended him and recovered 100 gms. of opium, which falls in non-commercial quantity. Learned counsel further submits that the petitioner is in custody since 13.12.2019 and is not involved in any other case; investigation is complete and conclusion of the trial will take some time.

Learned State counsel, on instructions from ASI Jasdeep Singh, has not disputed the factual position including the fact that the petitioner is not involved in any other case and his son and wife are suffering from serious medical problems.

After hearing learned counsel for the parties, without commenting anything on merits of the case, considering the aforesaid circumstances, this

-3petition is allowed and the petitioner is directed to be released on regular bail subject to furnishing his bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, concerned. Petition is disposed of.

[ ARVIND SINGH SANGWAN ] 30.06.2020 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No