Sher Singh v. State Of Punjab

Cr. Misc. M 38291 OF 2014 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Cr. Misc. M 38291 OF 2014 Date of decision:- 29.1.2015 Sher Singh Petitioner vs.

State of Punjab Respondent

Present:

Mr. SK Arora, Advocate.

Ms. HK Dhillon, Advocate.

Mr.P.S. Sekhon, Advocate.

Ms. Gurvir Kaur Gill, Advocate.

Mr. CS Brar, DAG, Punjab M.M.S.BEDI,J.

This order will dispose of four petitions filed by Sher Singh (CRM M 38291 of 2014), Swaran Singh (CRM M 39921 of 2014), Baljinder Singh and anr (CRM M 42509 of 2014) and Deepak Khurana @ Deepu (CRM M 43046 of 2014).

The FIR was registered on the basis of letter from Inspector General of Police, Bathinda alleging that smuggling, sale and purchase of intoxicants is being undertaken by the jail inmates along with the jail authorities and the relations of the jail inmates, who were in jail. So far as petitioner Swaran Singh (CRM M 39921 of 2014) is concerned, his son Gursewak Singh is stated to be in jail and the money, which was for consideration of sale of intoxicants had been deposited and withdrawn from his account.

So far as petitioner Sher Singh (CRM M 38291 of 2014) is concerned, his son Satpal Singh is in custody. The petitioner had allegedly been receiving money for the distribution of the narcotic substances in the jail.

TAPINDER SINGH MANN 2015.01.30 17:41 I attest to the accuracy and integrity of this document

Cr. Misc. M 38291 OF 2014 So far as petitioner Deepak Khurana @ Deepu (CRM M 43036 of 2014) is concerned, his name is not named in the FIR. He is under going sentence u/s 302 IPC in Central jail since 2007 and had allegedly participated in the crime.

So far as petitioners Baljinder Singh and Sukhwinder Singh (CRM M 42509 of 2014) are concerned, they had allegedly received a huge sum for sale of narcotics substances in the jail. It has been informed on the instructions of ASI Gurdev Singh that challan has been presented. The trial is likely to take a long time. No useful purpose will be served by keeping the petitioners in custody. Accordingly, all the above said petitions are allowed and the petitioners are ordered to be released on bail on their furnishing bail bonds/ surety bonds to the satisfaction of Special Judge, Ferozepur. The petitioners before their release would be required to furnish an undertaking that they will not indulge in any activity of smuggling, sale or purchase of intoxicants, during pendency of the trial.

It is ordered that in case of involvement of the petitioners in similar activity, during pendency of the trial, it will be open to the prosecution agency to seek cancellation of bail. January 29 ,2015 ( M.M.S.BEDI ) TSM JUDGE TAPINDER SINGH MANN 2015.01.