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High Court of Punjab and HaryanaCRM-M/20846/2020allowed

Gursewak Singh v. State Of Punjab

2020-08-11Mr. Justice Harnaresh Singh Gill2 pages

-1CRM-M-20846-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-20846-2020 Date of Decision: 11.08.2020 Gursewak Singh ... Petitioner

Versus

State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Varinder Basa, Advocate, for the petitioner.

Mr. Amit Mehta, Sr. DAG, Punjab.

HARNARESH SINGH GILL, J.(Oral)   



   

           bearing FIR No.02 dated 07.01.2020, registered at Police Station Gharinda, District Amritsar, under Sections 21, 23 and 25 NDPS Act, 1985, Sections 411, 414, 120-B IPC and Section 25 of the Arms Act, 1959. Learned counsel for the petitioner contends that the petitioner is not named in the FIR and that he alongwith nine other persons has been indicted as an accused on the basis of disclosure statement suffered by one of the co-accused. The learned counsel further contends that there is only allegation against the petitioner that he had actively participated in smuggling from Pakistan, but nothing has been recovered from him. He further contends that similarly situated co-accused, Harpreet Singh, has PARVEEN KUMAR 2020.08.11 04:26 I attest to the accuracy and integrity of this document

-2CRM-M-20846-2020 been granted ad interim pre-arrest bail vide order dated 06.03.2020 passed in CRM-M-10037-2020.

On the other hand, learned State counsel opposes the prayer made in the present petition. However, he does not dispute the fact that no recovery has been effected from the petitioner and co-accused, Harpreet Singh has been granted ad interim pre-arrest bail. I have heard the learned counsel for the parties. The petitioner has been indicted as an accused on the basis of statement of one of the co-accused and no recovery has been effected from him. Charges are yet to be framed. The petitioner has been in custody since 25.01.2020. Trial of the case would take time to conclude. Therefore, no useful purpose would be served by keeping the petitioner behind the bars.  

           



             

          

  



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PARVEEN KUMAR 2020.08.11 04:26 I attest to the accuracy and integrity of this document