High Court of Punjab and HaryanaCRM-M/14190/2021allowed

Balwinder Singh v. State Of Punjab

2022-02-15Mr. Justice Arvind Singh Sangwan2 pages

In virtual Court CRM-M-14190-2021 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-14190-2021 (O&M) Date of decision: 15.02.2022 Balwinder Singh ... Petitioner Vs.

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

Present:

Mr. C.S. Rana, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

******* ARVIND SINGH SANGWAN, J. (ORAL) Prayer in this petition is for grant of regular bail in FIR No.24 dated 21.02.2020 under Section 22/61/85 of NDPS Act, registered at Police Station Dakha, District Ludhiana.

Learned counsel for the petitioner submits that as per allegations in the FIR, a secret informer informed ASI Jaswinder Singh that petitioner Balwinder Singh is running a shop of doctor in the village and is supplying the intoxicant tablets and is coming on feet carrying same and he can be apprehended. Thereafter, an information was sent to the police station for registration of FIR and the petitioner was apprehended and recovery of 2000 VISHNU 2022.02.15 17:02 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh.

In virtual Court CRM-M-14190-2021 -2intoxicant tablets was effected by SI Jarnail Singh. It is further submitted that the petitioner is first offender and awaiting FSL report, he was granted the concession of interim bail and receiving FSL report, he surrendered back in time. It is also submitted that the petitioner is in custody for the last about 02 years and 10 months; charges were framed on 13.07.2021 and out of total 10 prosecution witnesses, only 02 PWs have been examined and trial is delayed due to COVID-19 situation.

Learned State counsel, on instructions from the Investigating Officer, could not dispute the factual position. After hearing learned counsel for the parties, without commenting anything on merits of the case and considering the facts and circumstances of the case, this petition is allowed and the petitioner is directed to be released on regular bail subject to furnishing his bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, concerned. Petition is disposed of.

[ ARVIND SINGH SANGWAN ] 15.02.2022 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No VISHNU 2022.02.15 17:02 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh.