High Court of Punjab and HaryanaCRM-M/7985/2019allowed

Lovepreet Singh @ Peeta v. State Of Punjab

2019-04-03Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.7985 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.7985 of 2019 Decided on: 03.04.2019 Lovepreet Singh @ Peeta ....Petitioner

Versus

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

Mr. Deepak Arora, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.174 dated 11.11.2017 registered under Section 22 of the Narcotic drug and Psychotropic Substances Act, 1985 at Police Station Lambran, District Jalandhar.

The operative part of the order dated 07.03.2019, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Counsel for the petitioner has submitted that the petitioner was granted conditional bail awaiting the report of the FSL that if the recovery effected from the petitioner was found to be of non-commercial quantity, the interim bail shall be confirmed automatically and in case, the same falls under the commercial quantity, on receiving the report of the Chemical Examiner, the petitioner will surrender before the trial Court.

Counsel for the petitioner has further submitted that the petitioner is regularly appearing before the trial Court and even the charges were framed on 11.10.2018, he MOHD YAKUB 2019.04.03 16:44 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.7985 of 2019 absented from the Court proceedings and his bail/surety bonds were cancelled and non-bailable warrants have been issued against him. It is also submitted that the petition is ready to surrender before the trial Court and face the proceedings, in accordance with law. Counsel for the State, on instructions from ASI Rajinder Singh, has not disputed the factual position and submits that the petitioner be directed to join the investigation.

List again on 03.04.2019...."

Thereafter, an application for extension of time to the petitioner to furnish the bail/surety bonds as per the order dated 07.03.2019 has been moved by the petitioner, which was allowed on 27.03.2019 and the petitioner was granted one more opportunity to appear before the trial Court and furnish the bail/surety bonds. Counsel for the petitioner has submitted that, in pursuance to the order dated 27.03.2019, the petitioner has surrendered before the trial Court and has complied with the order dated 07.03.2019. Counsel for the State, on instructions from ASI Satpal Singh, has not disputed the aforesaid fact.

In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 07.03.2019 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 03.04.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.04.03 16:44 I attest to the accuracy and authenticity of this document High Court, Chandigarh