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High Court of Punjab and HaryanaCRM-M/21821/2024dismissed

Harpreet Singh Alias Honey Alias Hani v. State Of Punjab

2024-09-30Mr. Justice Kuldeep Tiwari3 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Date of decision : September 30, 2024 Harpreet Singh @ Honey @ Hani ....Petitioner

Versus

State of Punjab ....Respondent

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. A.P.S.Rehan,Advocate, for the petitioner Mr. Sahil R. Bakshi, AAG, Punjab KULDEEP TIWARI,J. (ORAL) CRM-19056-2024 1.

Through the instant petition, prayer is made for grant of regular bail in case FIR No. 172, dated 2.7.2023, under Section 22 of the NDPS Act, (Section 29 of the NDPS Act added subsequently), registered at Police Station Model Town, District Hoshiarpur. 2.

On 17.9.2024, the following order was passed:- "Custody certificate has been filed by the learned State counsel qua the petitioner, which is taken on record, with a copy thereof supplied to learned counsel for the petitioner.

On the last date of hearing, i.e. 03.07.2024, this Court

had directed the SSP concerned, to ensure the presence of all remaining prosecution witnesses as and when called upon by the learned trial court concerned, for recording of their statements.

Today, learned State counsel, on instructions imparted to him by ASI Gurdeep Singh, informs this Court out of the total 12 prosecution witnesses, 8 have been examined and the next date of hearing before the learned trial court concerned, is 23.09.2024. The co-accused who have also approached this Court seeking the similar relief of regular bail vide CRM-M36291-2024, has been dismissed as withdrawn vide order of even date.

However, in the instant matter, vide CRM-19056-2024, a prayer has been made by the petitioner for grant of interim bail, during the pendency of the main petition, on the ground that the petitioner has recently been blessed with a baby girl and he wants to visit his home for that purpose The State counsel is also directed to file a reply after verifying the factum as raised by petitioner in the instant application.

Adjourned to 25.09.2024."

3.

The learned State counsel, on instructions imparted to him by ASI Hans Raj, verified the factum that the petitioner has been blessed with the baby girl.

4.

In view of the above, CRM-19056-2024 is allowed. The petitioner is ordered to be released on interim bail for four weeks, the period of which shall start from the date of furnishing of bail bonds and

surety bonds to the satisfaction of concerned Chief Judicial Magistrate/trial Court/Duty Magistrate.

5.

In case the petitioner fails to report back to the concerned Jail authorities, within the stipulated time period, the SHO concerned is directed to forthwith arrest the petitioner and make him re-step back in Jail concerned.

6.

After addressing arguments for some time, when this Court was not inclined to grant the asked for relief, the learned counsel for the petitioner seeks leave to withdraw the main petition CRM-M-21821-2024. 7.

Leave granted.

8.

Consequently, CRM-M-21821-2024 is dismissed as withdrawn.

9.

Disposed of accordingly.

( KULDEEP TIWARI ) September 30, 2024 JUDGE 'tiwana'

Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No