Pavitar Singh v. State Of Punjab

CRM No.M-40639 of 2014 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No.M- 40639 of 2014(O&M) Date of Decision: January 13, 2015.

Pavitar Singh ...... PETITIONER (s)

Versus

State of Punjab ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. O.P.Kamboj, Advocate for the petitioner.

Mr. K.S.Sidhu, DAG, Punjab.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

Petitioner prays for anticipatory bail in FIR No.16 dated 11.02.2014, under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at police station Lakho Ke Behram, District Ferozepur.

Petitioner who is an accused in the abovesaid FIR is stated to have been appearing regularly before the learned trial court but due to wrong noting of the date by his counsel before the trial court, he could not appear on OMKAR SINGH 2015.01.15 14:24 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-40639 of 2014 [2] 17.10.2014, pursuant to which his bail bonds and surety bonds were cancelled. It is submitted that recovery of 700 grams of opium is alleged to have been recovered from him and there is no other case against the petitioner. Pursuant to order dated 02.12.2014, petitioner is stated to have put in appearance before the learned Additional Sessions Judge, Ferozepur on 05.12.2014 and admitted to interim bail. Photocopy of the said order has been produced in Court today. The same is taken on record subject to all just exceptions. Petitioner undertakes to appear on each and every date fixed before the learned trial court.

There are no allegations on behalf of the State that petitioner is likely to abscond again or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Keeping in view the facts and circumstances of the case, it is considered just and expedient to allow this petition for anticipatory bail. In view of the above but without commenting or expressing any opinion on the merits of the case, the interim bail granted to petitioner by the learned trial court on 05.12.2014 pursuant to order dated 02.12.2014 is made absolute subject to his furnishing fresh bail bonds and surety bonds to the satisfaction of the learned trial court.

Petition is allowed.

( LISA GILL ) January 13, 2015.

JUDGE 'om'

OMKAR SINGH 2015.01.15 14:24 I attest to the accuracy and authenticity of this document Chandigarh