Balwant Singh v. State Of Punjab

CRM-M-44875 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-44875 of 2017 Date of Decision: 05.12.2017 Balwant Singh ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. P.S. Sekhon, Advocate for the petitioner.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.55 dated 11.06.2016 registered for the offence punishable under Section 22 of Narcotics Drugs and Psychotropic Substances Act, 1985 at Police Station City Mansa, District Mansa.

Heard.

Notice of motion.

On asking of the court, Ms. Seena Mand, DAG, Punjab, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with her.

Learned counsel for petitioner seeks bail for the petitioner on the ground of parity with co-accused, namely, Navjot Singh, who has been allowed regular bail vide order dated 10.11.2017 passed in CRM-M-138422017. As per case of prosecution, 40 bottles of Corex were recovered Jitender Kumar 2017.12.05 15:54 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-44875 of 2017 -2from possession of the petitioner and his co-accused, namely, Navjot Singh. Contents of recovered bottles were found to be that of Codeine Phosphate. Applying the principle of parity with co-accused, Navjot Singh but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Balwant Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.

December 05, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.12.05 15:54 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH