← Library
High Court of Punjab and HaryanaCRM-M/25961/2018allowed

Balvir Singh @ Bira v. State Of Punjab

2018-09-13Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.25961 of 2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.25961 of 2018 (O&M) Decided on: 13.09.2018 Balvir Singh @ Bira ....Petitioner

Versus

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

Mr. Rajesh K. Dadwal, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR FIR No.47 dated 27.03.2017 registered under Sections 15/18/21/22/61/85 of the Narcotic Drug and Psychotropic Substances Act, 1985, at Police Station Garhshankar, District Hoshiarpur. The operative part of the order dated 14.06.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Counsel for the petitioner has submitted that the FIR was registered on the basis of some secret information against 09 persons and subsequent thereto, no recovery was effected from the petitioner or any other coaccused. It is further submitted that the Additional Sessions Judge vide order dated 17.04.2017 had granted interim anticipatory bail to the petitioner subject to joining the investigation and appearance before the Investigating Officer, however, the petitioner could not MOHD YAKUB 2018.09.13 16:37 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.25961 of 2018 (O&M) appear before the Investigating Officer on account of some communication gap between him and his counsel and the Additional Sessions Judge vide order dated 06.06.2017 had dismissed the application.

Counsel for the petitioner has further submitted that, at the first instance, all the accused persons were granted anticipatory bail and the petitioner is ready to appear before the Investigating Officer and join the investigation.

Notice of motion for 13.09.2018...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 14.06.2018, the petitioner has already appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from ASI Surjit Kumar, has not disputed the aforesaid fact and submits that the petitioner is involved in some other cases, in which he is on bail. In view of the above and considering the fact that it is case of no recovery, this petition is allowed and the interim bail granted to the petitioner vide order dated 14.06.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C. (ARVIND SINGH SANGWAN) JUDGE 13.09.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.09.13 16:37 I attest to the accuracy and authenticity of this document Chandigarh