High Court of Punjab and HaryanaCRM-M/33728/2017allowed

Pardeep Rai v. State Of Punjab

2018-02-08Mr. Justice Arvind Singh Sangwan2 pages

CRM No.M-33728 of 2017 and CRM No.M-33487 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Decided on: 08.02.2018

1. CRM-M No.33728 of 2017 Pardeep Rai ....Petitioner

Versus

State of Punjab ....Respondent

2. CRM-M No.33487 of 2017 Amarjit Singh ....Petitioner

Versus

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

Mr. Sandeep Kumar Passi, Advocate for the petitioner (in CRM-M-33728-2017) Mr. Kamal Narula, Advocate for the petitioner (in CRM-M-33487-2017) Mr. Sarabjit Singh Cheema, AAG, Punjab.

(in both the petitions) ARVIND SINGH SANGWAN, J. (Oral) Vide this common order, I intend to dispose of two petitions i.e. CRM-M Nos.33728 and 33487 of 2017 as common questions of law and facts are involved for adjudication. The petitioners namely Pardeep Rai (in CRM-M No.33728 of 2017) and Amarjit Singh (in CRM-M No.33487 of 2017) pray for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.56 dated 19.04.2017, for offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') registered at Police Station Jalalabad, District Fazilka. Mohd. Yakub 2018.02.09 14:27 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-33728 of 2017 and CRM No.M-33487 of 2017 Counsel for the petitioner(s) have submitted that the petitioners are in judicial custody since 19.04.2017 and they are not involved in any other case. It is further submitted that the recovery is of Alprazolam tablets and the petitioners are not involved in any other case. Counsel for the petitioners have further submitted that conclusion of the trial will take long time.

On the other hand, counsel for the State, on instructions from HC Bagicha Singh, has not disputed the factual position and submits that out of 07 prosecution witnesses only one has been examined.

Without commenting anything on merits of the case and considering the fact that the petitioners are in judicial custody since 19.04.2017; they are not involved in any other case and conclusion of the trial will take long time, both the petitions are allowed and the petitioners namely Pardeep Rai and Amarjit Singh are directed to be released on regular bail subject to furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate. However, it will be open for the prosecution to apply for cancellation of bail, if the petitioners are found involved misusing the concession of bail, in any manner.

08.02.2018 (ARVIND SINGH SANGWAN) yakub JUDGE Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.02.09 14:27 I attest to the accuracy and authenticity of this document Chandigarh