Roshan Lal Alias Sonu v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-14081 of 2020 (O&M) DATE OF DECISION : 14.07.2020 Roshan Lal alias Sonu

...Petitioner

Versus

State of Punjab

...Respondent

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Ms. Anupam Bhanot, Advocate, for the petitioner.

Mr. Rana Harjasdeep Singh, DAG, Punjab.

(Presence marked through video conference) ARUN MONGA, J. (ORAL) The petitioner is seeking regular bail in FIR No.90 dated 10.09.2015 under Section 22 of NDPS Act registered at Police Station Verowal District Tarn Taran.

2.

As per allegations contained in the FIR, 500 tablets of Lomotil were recovered from the petitioner, which is non-commercial in nature. 3.

Learned counsel for the petitioner contends that petitioner was granted bail by the trial Court on 11.01.2016 but he wrongly noted the date of hearing. Resultantly, he could not appear before the learned trial Court on scheduled hearing i.e. 04.03.2016. Non-bailable warrants were thus issued against the petitioner. Petitioner approached this Court under Section 438 Cr.P.C. seeking anticipatory bail and the same was dismissed on 31.05.2016. Petitioner was declared as proclaimed offender on 07.12.2017 and was arrested on 29.07.2019. Since then he is in custody.

4.

Notice of motion.

SONU 2020.07.14 03:59 I attest to the accuracy and integrity of this document

5.

Mr. Rana Harjasdeep Singh, DAG, Punjab, who has joined the proceedings on service of advance copy of the petition, appears and accepts notice on behalf of State of Punjab and submits that investigation is over as challan has been filed.

6.

Having heard learned counsel for the petitioner, as well as learned State counsel, this Court is of the view that no useful purpose would be served by keeping the petitioner behind the bars since investigation is already over. Challan too has been filed. The petitioner is stated to be in custody since 29.07.2019. The trial is not likely to commence or conclude any time soon on account of current pandemic conditions.

7.

In the premise, the instant petition is allowed. Petitioner is ordered to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of trial Court/Illaqa Magistrate/ Duty Magistrate. (ARUN MONGA) JULY 14, 2020 JUDGE vandana Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No SONU 2020.07.14 03:59 I attest to the accuracy and integrity of this document