High Court of Punjab and HaryanaCRM-M/10488/2017disposed of

Sukhbir Singh v. State Of Punjab

2017-05-23Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Misc. No. M-10488 of 2017 Date of decision : May 23, 2017 Sukhbir Singh ....Petitioner versus State of Punjab ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. Sandeep Arora, Advocate, for the petitioner Mr. J.S.Brar, AAG, Punjab, for the respondent Fateh Deep Singh, J. (Oral) The allegations against petitioner Sukhbir Singh in this regular bail application under section 439 Cr.P.C. are that on the basis of secret information received on 19.6.2014, the present case was got registered against the accused and on the statement of co-accused, the present petitioner has been implicated and subsequently arrested on 16.7.2015. The contentions of the counsel for the petitioner are that the petitioner is behind the bars since 16.7.2015 and nothing has been recovered from him and the very legality and validity of statement of co-accused is a debatable issue.

The bail is stoutly opposed by the learned State counsel on the grounds that the petitioner is habitual in dealing with narcotics and is not entitled to any bail.

Appreciating the submissions as has been contended by the counsel for the petitioner from the judicial custody, the petitioner has been Dalbir Singh Tiwana 2017.05.24 10:26 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-10488 of 2017 -2brought on police remand and has been involved in the present case. The legality, validity and acceptability of statement of co-accused being a debatable issue is the subject matter of judicial adjudication. Thus, keeping in view the substantive period of incarceration and the fact that the trial is not likely to be concluded in near future, without adverting to the merits of the case, the instant application is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate,Tarn Taran. The present petition stands disposed off accordingly. The observations made herein above shall not be binding on the trial court at the time of trial as these are purely for the disposal of the present bail application.

( Fateh Deep Singh ) May 23, 2017 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No Dalbir Singh Tiwana 2017.05.24 10:26 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.