Krishan Singh v. State Of Punjab

CRM No.M-28796 of 2014 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No.M- 28796 of 2014(O&M) Date of Decision: February 23, 2015.

Krishan Singh ...... PETITIONER (s)

Versus

State of Punjab ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Mandeep Kumar Dhot, Advocate for the petitioner.

Mr. Gurinder Jit Singh, DAG, Punjab.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

Petitioner prays for anticipatory bail in FIR No.72 dated 04.04.2014, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at police station Dhuri, District Sangrur. It is contended that petitioner was not apprehended at the spot. Recovery of two bags containing 26 Kg. of poppy husk each was effected at the spot from co-accused Sarabjit Kaur @ Keena. Petitioner has since joined investigation and Challan/report under Section 173 Cr.P.C. has been presented. OMKAR SINGH 2015.02.24 11:52 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-28796 of 2014 [2] He relies upon orders of coordinate Bench of this Court passed in Puran Singh v. State of Punjab, 2013(7) RCR(Criminal) 924 and Darshan Singh @ Darshi v. State of Punjab 2004(4) RCR(Criminal) 505. Learned counsel for the State, on instructions from ASI Gurdev Singh, while confirming that petitioner has indeed joined investigation and he is no longer required for custodial interrogation as such, opposes this petition on the ground that one more case is pending against him for keeping in illegal possession 20 Kg. of poppy husk. It is confirmed that Challan/report under Section 173 Cr.P.C. has since been presented. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Keeping in view the above but without commenting or expressing any opinion on the merits of the case, it is considered just and expedient to allow this petition.

Consequently, order dated 12.09.2014 is made absolute. It is, however, made clear that in case petitioner is found to be involved in any case subsequently, the State is at liberty to move an application for cancellation of his bail.

( LISA GILL ) February 23, 2015.

JUDGE 'om'

OMKAR SINGH 2015.02.24 11:52 I attest to the accuracy and authenticity of this document Chandigarh