High Court of Punjab and HaryanaCRM-M/15230/2021dismissed

Amrik Singh @ Mika v. State Of Punjab

2021-12-03Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (through video conferencing) CRM-M-15230-2021 Decided on : 03.12.2021 Amrik Singh @ Mika ...... Petitioner

Versus

State of Punjab ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Sanjeev Manhas, Advocate for the petitioner.

Mr. Luvinder Sofat, AAG, Punjab.

**** Manjari Nehru Kaul, J.(Oral) This is the second petition filed under Section 439 Cr.PC for grant of regular bail to the petitioner in case FIR No.58 dated 19.04.2019 under Section 22 of NDPS Act registered at Police Station City Nawanshahr, District Shaheed Bhagat Singh Nagar. On a pointed query put to learned counsel for the petitioner as to what was the material change in the circumstances subsequent to the withdrawal of previous petition on 13.10.2021, he has submitted that trial has not made any headway and 7 prosecution witnesses out of 12 cited remain to be examined. A prayer, therefore, has been made that as the petitioner has been in custody since 19.04.2019 for allegedly being found in possession of 17 injection of Buprenorphine and 17 injections of Avil, he be extended the concession of bail as there is no likelihood of the trial concluding in the near future.

Heard learned counsel for the parties and perused the material available on record.

SONIA BURA 2021.12.06 10:13 I attest to the accuracy and integrity of this document chandigarh

CRM-M-15230-2021 -2Prima facie, recovery effected from the petitioner falls under the commercial quantity. As such, taking into consideration all the facts and circumstances, no ground is made out to extend the concession of bail. Accordingly, the present petition stands dismissed. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. At this stage, a prayer has been made for issuance of directions to the trial court for expeditious conclusion of the trial as the petitioner has been in custody since 19.04.2019.

In the wake of the long period of incarceration of the petitioner, this Court deems it fit to direct the trial Court to endeavour to expedite the trial and conclude the same preferably within a period of three months. (MANJARI NEHRU KAUL) JUDGE 03.12.2021 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.12.06 10:13 I attest to the accuracy and integrity of this document chandigarh