High Court of Punjab and HaryanaCRM-M/8284/2021allowed

Narinder Aajna And ANR v. State Of Punjab

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

CRM-M No. 8284 of 2021 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 8284 of 2021 Date of Decision: 01.3.2021 Narinder Aajna and another ......Petitioners

Versus

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

Present:

Mr. P.S.Sekhon, Advocate for the petitioners.

Mr. Sukhbeer Singh, AAG, Punjab.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. The petitioners seek regular bail in FIR No. 105 dated 3.9.2020 under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station City Nakodar, District Jalandhar (Rural). Custody certificate by way of affidavit of Superintendent, Central Jail, Kapurthala has been filed through e-mail. Copy of the same is taken on record.

Learned counsel for the petitioners submits that recovery of 100 grams of opium has been allegedly effected from the petitioners and as per the FSL report, the recovered contraband falls under the non-commercial quantity. He further submits that co-accused, namely, Bhupinder Aajna has been granted regular bail by this Court on 03.11.2020, awaiting the FSL report and the petitioners have been in custody since 03.9.2020. GURPREET SINGH 2021.03.01 17:30 I attest to the accuracy and integrity of this document Chadigarh On the other hand, learned State counsel submits that in the

CRM-M No. 8284 of 2021 -2present case, challan was presented and charges have been framed and out of eight prosecution witnesses, none has been examined. In the present case, co-accused Bhupinder Aajna has been granted regular bail on 03.11.2020 awaiting the FSL report. The petitioners have been in custody since 03.9.2020. The trial will take time to conclude because of Covid-19 pandemic. No useful purpose would be served by keeping the petitioners behind the bars.

Without commenting anything on the merits of the case, the petition is allowed and the petitioners are ordered to be released on bail on their 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 17:30 I attest to the accuracy and integrity of this document Chadigarh