Darbara Singh @ Billa v. State Of Punjab

CRM-M-2426 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-2426 of 2017 Date of Decision: 21.02.2017 Darbara Singh @ Billa ....Petitioner

VERSUS

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

Present:

Mr. Prashant Vashisth, Advocate for the petitioner.

******* 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. 112 dated 23.04.2015 registered for the offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Division No. 5 (Civil Lines), Ludhiana City. Heard.

Notice of motion.

On asking of the court, Mr. Jashanpreet Singh, AAG, Punjab, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him.

As per case of prosecution, 110 gms. of intoxicating powder, which was later on found as 'Alprazolam', was recovered from possession of the petitioner by police party headed by S.I. Sarwan Singh of Police Station Division No. 5 (Civil Lines), Ludhiana City. Recovery effected from the petitioner is marginally higher and falls in commercial quantity of Jitender Kumar 2017.02.22 12:02 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-2426 of 2017 -2intoxicant. The case is stated to be still at the trial stage and no witness has been examined.

In view of above but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Darbara Singh @ Billa 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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.

February 21, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.02.22 12:02 I attest to the accuracy and integrity of this document CHANDIGARH