High Court of Punjab and HaryanaCRM-M/1004/2018allowed

Paramjit Singh @ Sandhi v. State Of Punjab

2018-08-16Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.1004 of 2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.1004 of 2018 (O&M) Decided on: 16.08.2018 Paramjit Singh @ Sandhi ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Sanjiv Gupta, Advocate for the petitioner.

Mr. M.S. Nagra, AAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.127 dated 28.06.2017, for offence punishable under Section 22 of the Narcotic Drug and Psychotropic Substances Act, 1985 (in short 'the NDPS Act'), registered at Police Station Maqsudan, District Jalandhar.

Counsel for the petitioner has submitted that the petitioner is not involved in any other case and he is in custody since 29.06.2017 and the case is still at the stage of recording the statement of prosecution witnesses.

Counsel for the State, on the basis of the earlier Custody Certificate dated 31.01.2018 has not disputed the fact that the petitioner is in custody for the last about 01 year, 01 month and 16 days. Counsel for the State, on instructions from ASI Kulbir SIngh, has further submitted that 07 prosecution witnesses have already MOHD YAKUB 2018.08.16 17:01 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.1004 of 2018 (O&M) been examined and still 04 PWs are yet to be examined. It is also submitted that one of the co-accused namely Mandeep @ Deep has been granted the concession of regular bail by the trial Court whereas one another accused namely Happy is absconding from the process of law.

Without commenting anything on merits of the case and considering the fact that the petitioner is not involved in any other case; the petitioner is in custody for the last more than 01 year and 01 month and the case is still at the stage of prosecution evidence, this petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/ surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 16.08.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.08.16 17:01 I attest to the accuracy and authenticity of this document High Court, Chandigarh