High Court of Punjab and HaryanaCRM-M/323/2017allowed

Gurpreet Singh @ Bona v. State Of Punjab

2017-02-28Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-323 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-323 of 2017 Date of Decision: 28.02.2017 Gurpreet Singh @ Bona ....Petitioner

VERSUS

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

Present:

Mr. P.S. Sekhon, Advocate for the petitioner.

Ms. Bhavna Gupta, DAG, Punjab.

******* 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. 228 dated 06.07.2016 registered for offences punishable under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station City Barnala, District Barnala. Heard.

Learned counsel for the petitioner submits that co-accused Amritpal Sharma was allowed interim regular bail vide order dated 12.12.2016 passed by this Court in CRM-M-43662 of 2016. Seeking parity with co-accused Amritpal Sharma, learned counsel for the petitioner seeks interim bail for the petitioner as well.

In this case recovery of 15 vials of Rexcof (100 ml. each) and 15 strips (each containing 10 tablets) of intoxicating tablets was effected from the petitioner and his co-accused Amritpal Sharma. Applying the principle of parity but without expressing any Jitender Kumar 2017.03.01 13:02 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-323 of 2017 -2opinion on merits of the case, the present petition is allowed. PetitionerGurpreet Singh @ Bona is ordered to be released on interim regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate till the decision of reference made to Division Bench in CRM-M-21034 of 2016, 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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 28, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.03.01 13:02 I attest to the accuracy and integrity of this document CHANDIGARH