High Court of Punjab and HaryanaCRM-M/21744/2020allowed

Beant Singh v. State Of Punjab

2020-08-13Ms. Justice Jaishree Thakur2 pages

PANKAJ KUMAR 2020.08.13 15:01 I attest to the accuracy and integrity of this document CRM-M No.21744 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.21744 of 2020 (O&M) Date of Decision.13.08.2020 (Heard through VC) Beant Singh

...Petitioner

Vs State of Punjab

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Tejvir S. Manes, Advocate for the petitioner.

Ms. Monika Jalota, DAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular bail in case FIR No.225 dated 07.12.2019 registered under Sections 18, 25 of NDPS Act at Police Station Dakha, District Ludhiana Rural. Counsel for the petitioner herein inter alia would contend that the allegations in the FIR are that two persons were travelling in a car wherein total 3 kg of opium was recovered. In case the recovery is divided among both persons then it would be less than the threshold of 2.5 kg as commercial quantity. It is further contended that the co-accused Harjinder Singh has already been granted bail by this Court vide order dated 16.07.2020 passed in CRM-M No.16947 of 2020 and therefore, prays for grant of bail to the petitioner.

Learned counsel appearing for the respondent-State, on instructions from ASI Nirmal Singh opposes the regular bail, however, she does not dispute the fact that the investigation in the matter is complete. I have heard learned counsel for the parties.

CRM-M No.21744 of 2020 (O&M) -2Keeping in view the fact that the challan has been presented and the co-accused has already been allowed bail, coupled with the fact that the trial is likely to take some time to conclude as due to COVID-19 situation, Courts are not working at their full strength and not taking up regular hearing matters, no useful purpose would be served in keeping the petitioner behind the bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/ surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) JUDGE August 13, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No