High Court of Punjab and HaryanaCRM-M/23555/2017allowed

Amaninder Singh v. State Of Punjab

2017-10-25Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-23555 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-23555 of 2017 Date of Decision: 25.10.2017 Amaninder Singh ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. P.S. Brar, Advocate for the petitioner.

Mr. V.G. Jauhar, Sr. D.A.G. Punjab ******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.214 dated 16.09.2016 registered for the offence punishable under Section 22 of Narcotics Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') at Police Station City Faridkot, District Faridkot. Heard.

As per allegations in the FIR, recovery of contraband was effected from co-accused, namely, Jasbir Kaur wife of Jaswinder Singh, who was carrying a plastic envelope of black colour in her hand. It is alleged that person, who was driving the motorcycle on which Jasbir Kaur was pillion rider, had run away from the spot and his identity was disclosed by Jasbir Kaur as Amaninder Singh (petitioner). Learned counsel for the petitioner submits that identity of the petitioner is a fact, which is required to be proved by the prosecution in order to establish its case. No test identification parade of petitioner was Jitender Kumar 2017.10.25 17:33 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-23555 of 2017 -2conducted. The members of police party were not knowing the petitioner and statement of Jasbir Kaur, if any, made to police may not be of any help in this regard.

Learned State counsel, while admitting that no test identification parade of the petitioner was conducted, submits that petitioner is involved in two other cases registered against him under the provisions of NDPS Act.

Without expressing any opinion on merits of the case; keeping in view the fact that petitioner was not arrested from the spot and entire case of prosecution is based on testimony of co-accused Jasbir Kaur to police and further that conclusion of trial will take considerably long time, the instant petition is allowed. Petitioner-Amaninder Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.

October 25, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.10.25 17:33 I attest to the accuracy and integrity of this document CHANDIGARH