Manbir Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM No.M-38602 of 2015 Date of Decision: November 16, 2015 Manbir Singh

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Vikas Gupta, Advocate for the petitioner.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.78 dated 19.08.2012 under Section 22 of the NDPS Act, registered at Police Station Verowal, District Tarn Taran.

Notice of motion.

On the asking of the Court, Mr.Varun Sharma, Asstt. Advocate General, Punjab, who is present in the Court, accepts notice on behalf of respondent-State and contests the petition. Police record is also available.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. From the record, I find that accused-petitioner was already on bail but he absented from the Court proceedings on 27.07.2015 VINEET GULATI 2015.11.17 16:49 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-38602 of 2015 -2and non-bailable warrants have been issued by the trial Court. Learned counsel for the petitioner has placed on record the custody certificate (Annexure P-3) showing that on that day i.e. on 27.07.2015 the petitioner was in custody in some another case. Keeping in view the facts and circumstances of the present case, I find that no useful purpose will be served by sending the accused-petitioner to custody as his absence has been explained. Therefore, finding merit in the present petition, the same is allowed. It is ordered that if the petitioner appears before the trial Court on or before 21.11.2015, then the trial Court shall release him on bail to its satisfaction.

November 16, 2015 (INDERJIT SINGH) Vgulati JUDGE VINEET GULATI 2015.11.17 16:49 I attest to the accuracy and authenticity of this document Chandigarh