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High Court of Punjab and HaryanaCRM-M/12762/2023dismissed

Uche Oyeagbuha v. State Of Punjab

2023-05-11Mr. Justice Rajbir Sehrawat2 pages

2023:PHHC:068668 CRM-M-12762-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12762-2023 Date of Decision: 11.05.2023 Uche Oyeagbuha ...... Petitioner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Jasdeep Singh, Advocate, for the petitioner.

Mr. Sandeep, Additional Advocate General, Punjab, and SI Hakam Singh and ASI Parmanand, PS STF, Phase-4, SAS Nagar (Mohali) for the respondent.

***** RAJBIR SEHRAWAT, J. (ORAL) This is the fourth petition filed under Section 439 Cr.P.C for grant of bail pending trial to the petitioner in case FIR No.17 dated 14.12.2017, registered under Sections 21 and 29 of the NDPS Act, 1985 and Section 14 of the Foreigners Act, 1946 at Police Station Special Task Force, Phase-4, SAS Nagar (Mohali).

Learned counsel for the State has filed the status report by way of affidavit of Harpreet Singh, PPS, Assistant Inspector General of Police, Special Task Force, Rupnagar Range, Rupnagar, in Court today, which is taken on record, stating therein that all the prosecution witnesses have already been examined and the evidence of the prosecution stands closed. To the same effect is the order dated 08.05.2023 passed by the trial Court stating therein that the Public Prosecutor has closed the evidence and now VIRENDRA SINGH ADHIKARI 2023.05.15 16:44 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:068668 CRM-M-12762-2023 -2the case is fixed for recording statement of the accused under Section 313 Cr.P.C. The affidavit further states that the action has been initiated against ASI/LR Karamjit Mohan, who had not brought the correct factual information before this Court earlier qua examination of the witnesses. A show cause notice has been issued to ASI/LR Karamjit Mohan; seeking his explanation for the lapses and further appropriate departmental proceedings would ensue in the matter.

In view of the above, this Court does not deem it appropriate to interfere at this stage so as to grant bail pending trial to the petitioner. Dismissed.

(RAJBIR SEHRAWAT) JUDGE 11.05.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.05.15 16:44 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh