High Court of Punjab and HaryanaCRM-M/44296/2016allowed

Ajey Pal Singh v. State Of Punjab

2017-01-11Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-44296 of 2016 (O&M) Date of Decision: January 11, 2017 Ajey Pal Singh

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Sandeep Verma, Advocate for the petitioner.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.5 dated 16.01.2015 under Section 18 of the NDPS Act, registered at Police Station Sadar Rajpura, District Patiala. Notice of motion.

On asking of the Court, Mr.Deep Singh, Asstt. Advocate General, Punjab, who is present in the Court, accepted notice on behalf of the respondent-State and contested the petition. I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. As per prosecution version, non-commercial quantity of opium was recovered i.e. 500 grams. The petitioner was on regular bail but he absented from the Court proceedings. As per order dated 11.11.2016 passed Vineet Gulati 2017.01.12 17:13 I attest to the accuracy and authenticity of this document Chandigarh by learned Judge, Special Court, Patiala (Annexure P-2), proclamation was

CRM No.M-44296 of 2016 -2issued against the petitioner and he was declared proclaimed offender. On that very day, the present petitioner surrendered before the trial Court, which means that he complied with the proclamation order and surrendered before the Court.

The petitioner is in custody since 11.11.2016. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the disposal of the case. Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal/surety bonds in the sum of `50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate. January 11, 2017 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2017.01.12 17:13 I attest to the accuracy and authenticity of this document Chandigarh