High Court of Punjab and HaryanaCRM-M/18875/2021allowed

Hardeep Singh @ Deepa v. State Of Punjab

2021-05-21Mr. Justice Arvind Singh Sangwan2 pages

CRM-M-18875-2021 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-18875-2021 Date of Decision: 21.05.2021 Hardeep Singh @ Deepa ....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Rajeev K. Kapila, Advocate, for the petitioner.

Mr. J.P.Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN , J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner in FIR No.117 dated 23.05.2017 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 29 of the NDPS Act added lateron vide DDR No.17 dated 01.09.2018), registered at Police Station Tanda, District Hoshiarpur.

Learned counsel for the petitioner submits that as per the allegations in the FIR, the police party apprehended two persons on suspicion, who were riding a motorcycle. On asking, the driver of the motorcycle disclosed his name as Sagar @ Akshay, whereas the pillion rider informed his name as Hardeep Singh @ Deepa, i.e. the petitioner. Thereafter, the police party recovered 250 grams of intoxicant powder from the petitioner.

Learned counsel for the petitioner further submits that the petitioner is in custody for the last about 01 year 08 months and he is not VIRENDRA SINGH ADHIKARI 2021.05.21 17:17 I attest to the accuracy and integrity of this document

CRM-M-18875-2021 -2involved in any other case under NDPS Act, though he is involved in two FIRs under IPC but he is on bail.

Learned counsel further submits that the co-accused of the petitioner Sagar @ Akshay was granted interim bail till 26.05.2021 vide order dated 15.12.2020 passed in CRM-M-48804-2019 subject to furnishing bail/surety bonds.

The learned State counsel has filed the custody certificate and has not disputed the factual position. However, it is submitted that out of 10, 06 witnesses have been examined and due to Covid-19 situation, the trial is being adjourned.

After hearing learned counsel for the parties and considering the long custody of the petitioner and also in view of the fact that the co-accused has been granted interim bail, this petition is allowed and the petitioner is granted regular bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqua Magistrate. (ARVIND SINGH SANGWAN) 21.05.2021 JUDGE adhikari Whether speaking/non-speaking :

Yes/No Whether reportable :

Yes/No VIRENDRA SINGH ADHIKARI 2021.05.21 17:17 I attest to the accuracy and integrity of this document