Balwinder Singh v. State Of Punjab
CRM-M-10681-2024 2024:PHHC:037460
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-10681-2024 Date of decision: 15.03.2024 Balwinder Singh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Hitesh Chopra, Advocate for the petitioner.
Mr. Kanav Bansal, DAG, Punjab.
**** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 11.06.2022 Qila Lal Singh 22, 25 & 29 of NDPS Act Gurdaspur, District Gurdaspur 1.
The petitioner incarcerated for violating the above-mentioned provisions of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) as per the FIR captioned above, has come up before this Court under Section 439 CrPC seeking bail. 2.
As per reply dated 13.03.2024, the petitioner has the following criminal history:- Sr. No.
FIR No.
Dated Police Station Sections 13.02.2016 Qila Lal Singh 21/61/85 of NDPS Act 03.06.2015 Qila Lal singh 22/61/85 of NDPS Act 3.
Counsel for the State opposes the bail and by making reference to para 9 of the reply, submits that earlier the petitioner was granted interim bail on medical ground and he was directed to surrender on 12.06.2023 at 2PM but he did not surrender on time and after a period of five months, he surrendered before the trial Court on 18.11.2023. It is further submitted that petitioner is a habitual offender and challan/report under Section 173 CrPC has been presented before the trial court, charges have been framed and now the case is fixed for 22.03.2024.
ANJU RANI 2024.03.15 18:14 I attest to the accuracy and integrity of this document
CRM-M-10681-2024 2024:PHHC:037460 4.
After arguing for some time, petitioner's counsel seeks permission to withdraw the present petition with clarification that directions be issued to the trial Court to conclude the trial within the time bound manner. 5.
Given above, considering the petitioner's prayer, the concerned trial court is requested to make all endeavours to conclude the trial by 15.06.2024, of which the prosecution evidence be completed by 31.05.2024, and the remaining time to provide an opportunity to the accused to lead defence evidence, if so desired, and to conclude its hearing. To meet the deadline, an endeavour be made to speed up the process for service and to pass the necessary directions in this regard. It is clarified that if expediting this trial disturbs the docket of the concerned court, then a balance be struck, and if, on this account, any delay happens, then an extension can be sought by mentioning such reasons.
It is clarified that this order speeding up the trial is subject to the condition that neither the petitioner shall seek any adjournment nor try to use any tactics to delay the trial. If they do so, this order of expediting the trial shall stand automatically recalled by resorting to Section 362, read with Section 482 Code of Criminal Procedure, 1973, without any further reference to this court. If any of the accused is on bail and fail(s) to attend the trial without any sufficient cause, then they be dealt with strictly but in accordance with law.
6.
Petition is disposed of as withdrawn to the extent mentioned above. All pending applications, if any, stand disposed.
(ANOOP CHITKARA) JUDGE 15.03.2024 anju rani Whether speaking/reasoned:
Yes Whether reportable:
No.
ANJU RANI 2024.03.15 18:14 I attest to the accuracy and integrity of this document