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High Court of Punjab and HaryanaCRM-M/15604/2018allowed

Jagsir Singh v. State Of Punjab

2018-04-24Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.15604 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.15604 of 2018 Decided on: 24.04.2018 Jagsir Singh ....Petitioner

Versus

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

Mr. Arvidner Singh Khosa, Advocate for the petitioner.

Ms. Samina Dhir, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner in FIR No.44 dated 11.05.2015, for offence punishable under Section 22 for the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act'), registered at Police Station Khuian Sarvar, District Fazilka.

Counsel for the petitioner has submitted that the petitioner was initially arrested on 14.05.2015 and was released on interim bail on 24.07.2015 awaiting the report of the Chemical Examiner. It is further submitted that the petitioner surrendered on 15.01.2017 after the report of the Chemical Examiner was received and he has never misused the concession of bail during the intervening period. It is also submitted that the petitioner is not involved in any other case and conclusion of the trial is likely to take some time.

Counsel for the State has filed the Custody Certificate Mohd. Yakub 2018.04.24 18:46 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.15604 of 2018 today in the Court and as per this Custody Certificate, it is not disputed that the petitioner remained on interim bail for a period of more than about 02 years and he is not involved in any other case. Without commenting anything on merits of the case and considering the fact that the petitioner has never misused the concession of interim bail; he is not involved in any other case and conclusion of the trial is likely to take some time, this petition is allowed and the petitioner is ordered to be released on bail subject to furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) JUDGE 24.04.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.04.24 18:46 I attest to the accuracy and authenticity of this document Chandigarh