Mukhtiar Singh @ Tara v. State Of Punjab

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-27231 of 2016 .....

Date of decision:16.8.2016 Mukhtiar Singh alias Tara

...Petitioner

v.

State of Punjab

...Respondent

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Rishu Mahajan, Advocate for the petitioner. Ms. Shivali, Assistant Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

The petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.214 dated 15.9.2014 (Annexure-P.1) registered for the offences under Sections 411 and 414 IPC; Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `the Act'); Section 3 of Indian Passport Act and Section 14 of Foreign Act, 1946 at Police Station Gharinda, District Amritsar Rural.

Notice of motion to Advocate General, Punjab. Ms. Shivali, learned Assistant Advocate General, Punjab has put in appearance on behalf of the respondent-State and contested this petition.

Cr. Misc. No.M-27231 of 2016 [2] I have heard learned counsel for the petitioner as well as learned Assistant Advocate General, Punjab appearing for the respondentState and have gone through the record. From the record, I find that no contraband was recovered from the present petitioner. The petitioner has been in custody since 1.10.2014. The co-accused of the petitioner in similar circumstances i.e. Jugraj Singh alias Gaju in Criminal Misc. No.M-10395 of 2016, decided on 8.7.2016, and Sukhdev Singh alias Mand in Cr. Misc. No.6994 of 2016, decided on 28.7.2016 by Co-ordinate Bench of this Court, have already been released on bail. As per the allegations, only one mobile phone has been recovered, which is stated to be Nokia make of Pakistan. The trial of the case will take long time.

No useful purpose will be served by keeping the petitioner in custody till the final disposal of the case. The recovery has been effected by the BSF and it was thrown from the Pakistan side. The present petitioner is not stated to be the owner of that contraband. Therefore, keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, this criminal miscellaneous petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal bond in the sum of `50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate.

August 16, 2016.

(Inderjit Singh) Judge *hsp*

Cr. Misc. No.M-27231 of 2016 [3] NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No