Saudagar Singh v. State Of Punjab

Criminal Misc. No.M-44583 of 2014 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No.M-44583 of 2014 Date of Decision: January 28, 2015 Saudagar Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr.K.S.Lakhanpal, Advocate, for the petitioner.

Mr.Shilesh Gupta, Addl.AG, Punjab.

Naresh Kumar Sanghi, J.

Prayer in this petition, filed under 439, Cr.P.C., is for grant of interim bail for six weeks' to the petitioner, Saudagar Singh, so that he (petitioner) may make proper arrangements for the marriages of his son and daughter which are to be solemnized on 31.01.2015 and 09.02.2015, respectively.

As per the material available on record, the petitioner has been booked for having committed the offences punishable under Sections 15, 18 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in a case arising out of FIR No.115, dated 9.8.2012, registered at Police Station, Shambu, District Patiala.

Learned counsel contends that during the course of his incarceration in the present case, mother of the petitioner had expired and this Hon'ble Court was pleased to grant him interim SEEMA RANI 2015.01.28 17:07 I attest to the accuracy and authenticity of this document Chandigarh

Criminal Misc. No.M-44583 of 2014 [2] bail for a week and after his release, the petitioner surrendered before appropriate authority within the stipulated period. He further contends that the case before learned trial court is still at the stage of recording of the prosecution evidence. The petitioner is behind the bars from 09.08.2012 and during his incarceration, he has not committed any jail offence.

Learned counsel for the State, on instructions from ASI Avtar Singh, Police Station, Shambu, District Patiala, very fairly concedes that the marriages of the son and daughter of the petitioner are to be solemnized on 31.01.2015 and 09.02.2015. He also concedes that earlier the petitioner was granted ad-interim bail at the time of death of his mother. He further submits that the petitioner be directed to furnish heavy surety in the event of grant of interim bail.

After hearing the learned counsel for the parties, the present petition is allowed. It is directed that the petitioner be released on interim bail from 29.01.2015 upto 12.02.2015 (both days inclusive) subject to his furnishing bond in the sum of Rs.50,00,000/- (Rupees fifty lacs) with two sureties in the like amount to the satisfaction of learned trial court/Duty Magistrate. The petitioner shall surrender himself before learned trial court/Duty Magistrate on 13.02.2015 at 10:00 a.m. January 28, 2015 (Naresh Kumar Sanghi) seema Judge SEEMA RANI 2015.01.28 17:07 I attest to the accuracy and authenticity of this document Chandigarh