High Court of Punjab and HaryanaCRM-M/7717/2023allowed

Naseem Safi @ Billa v. State Of Punjab

2023-02-20Mr. Justice Ashok Kumar Verma2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-7717-2023 Date of Decision: 20.02.2023 Naseem Safi @ Billa .... Petitioner

Versus

Sate of Punjab .... Respondent CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present: - Mr. Atul Goyal, Advocate for the petitioner.

Mr. G.S. Sandhu, Deputy Advocate General, Punjab. ASHOK KUMAR VERMA, J. (ORAL) The petitioner has filed the present petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of interim bail in case FIR No. 13 dated 21.01.2022 registered under Section 21 of the NDPS Act at Police Station Special Task Force, District STF Wing, for a period of 15 days, in view of medical condition of the wife of petitioner. Learned Counsel for the petitioner has submitted that wife of the petitioner, namely, Amarjit Kaur, is suffering from cancer and her uterus is to be operated upon. Petitioner had performed love marriage. He has a minor daughter aged around 4 years and there is no other male or female member in the family to take care of not only his wife but also his minor daughter. Medical report of the wife of petitioner is annexed with the petitioner as Annexure P-2.

On the other hand, learned State Counsel has opposed the present petition on the grounds that the petitioner was apprehended for RISHU KATARIA 2023.02.21 12:46 I attest to the accuracy and authenticity of this order/judgment

CRM-M-7717-2023 -2having kept in his possession 1 Kg 100 grams of heroin which fall within the ambit of 'commercial quantity', without any license or permit. However, learned State counsel has verified the factum of surgery of the wife of the petitioner.

Having heard learned counsel for the parties, I am of the view that the present petition is allowed and the petitioner is ordered to be released on interim bail for a period of 15 days w.e.f. 21.02.2023 to 07.03.2023 on his furnishing bail bonds with 02 heavy sureties to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, concerned. The petitioner shall surrender before concerned jail authority on 08.03.2023.

20.02.2023 (ASHOK KUMAR VERMA) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2023.02.21 12:46 I attest to the accuracy and authenticity of this order/judgment