Baljinder Singh @ Kala v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-19125-2020 (O&M).

Decided on: December 22, 2020.

Baljinder Singh @ Kala .. Petitioner

VERSUS

State of Punjab .. Respondent * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Parminder Singh Sekhon, Advocate, for the petitioner.

Mr.Mehardeep Singh Dulat, Addl. A.G., Punjab. JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in FIR No.143 dated 21.9.2019, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Sadar, Ludhiana. On 16.10.2020, the petitioner was ordered to be released on interim bail for a period of 4 weeks on his furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned.

Thereafter, on 12.11.2020, learned counsel for the petitioner had submitted that the petitioner has been released on 4 weeks interim bail yesterday only and therefore, prayed for an adjournment. In this way the petitioner was released for 4 weeks interim bail on 11.11.2020 which was to expire on 8.12.2020.

On 2.12.2020, the learned counsel for the petitioner had submitted that the petitioner is admitted in Civil Hospital, Moga due to severe kidney problem and the State counsel was asked to verify the aforesaid averment.

On 4.12.2020, the learned State counsel on the basis of the certificate of Medical Officer, Civil Hospital, Moga, had submitted that kidneys of the petitioner are normal and he is not suffering from any kidney disease. However, the matter was adjourned on the prayer of the learned counsel for the petitioner that otherwise the petitioner is also entitled for the grant of concession of regular bail and therefore, the matter was adjourned to18.12.2020.

On 18.12.2020, learned counsel for the petitioner had submitted that after the expiry of interim bail, the petitioner has not surrendered before the learned trial Court and it was assured to this Court that the petitioner will surrender within a period of two days. Today, learned State counsel has informed that the petitioner has not surrendered. He has further submitted that the petitioner was on interim bail granted by this Court and since he has misused the concession of interim bail, he does not deserve regular bail and rather, strict

action should be taken against the petitioner for not surrendering and violating the order of the Court.

In view of above, the present petition is dismissed. The trial Court/releasing authority is directed to take further action in accordance with law.

December 22, 2020.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No