High Court of Punjab and HaryanaCRM-M/33197/2017allowed

Jasbir Singh v. State Of Punjab

2018-03-27Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.33197 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.33197 of 2017 Decided on: 27.03.2018 Jasbir Singh ....Petitioner

Versus

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

Ms. Jasneet Mehra, Advocate for the petitioner.

Mr. Abhay Pal Singh Gill, AAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner in FIR No.65 dated 10.02.2015, for offence punishable under Sections 21 and 22 of the NDPS Act registered at Police Station 'A' Division, Amritsar City, District Amritsar.

Counsel for the petitioner has submitted that the petitioner was granted regular bail and was facing the trial, however, he failed to appear before the trial Court on one date in the month of October, 2016 on account of his ill health and later, he was declared as proclaimed offender on 15.11.2016. It is further submitted that the petitioner was arrested on 10.05.2017 and he is still in judicial custody. It is further submitted that only one prosecution witness has been examined and conclusion of the trial is likely to take some time. It is further submitted that the petitioner is not involved in any other case. Counsel for the petitioner has further submitted that the petitioner is ready to appear Mohd. Yakub 2018.03.27 18:39 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.33197 of 2017 before the trial Court on each and every date of hearing and face the proceedings in accordance with law.

Counsel for the State, on instructions from ASI Arun Kumar, has not disputed the factual position and submits that the petitioner is in judicial custody since 10.05.2017. Without commenting anything on merits of the case and considering the fact that the petitioner is in judicial custody since 10.05.2017; he is not involved in any other case; conclusion of the trial is likely to take some time, the present petition is allowed and the petitioner is directed to be released on bail subject to his furnishing fresh bail/surety bonds and payment of costs of Rs.5,000/- to be deposited with the District Legal Services Authority, Amritsar to the satisfaction of the trial Court/Illaqa Magistrate. The payment of costs shall be a pre-condition before accepting the bail/surety bonds of the petitioner. However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) JUDGE 27.03.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.03.27 18:39 I attest to the accuracy and authenticity of this document Chandigarh