High Court of Punjab and HaryanaCRM-M/47315/2018allowed

Nirvail Singh v. State Of Punjab

2018-12-10Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.47315 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.47315 of 2018 Decided on: 10.12.2018 Nirvail Singh ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Vipul Jindal, Advocate for the petitioner.

Mr. Sidakmeet Singh Sandhu, AAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.44 dated 04.07.2018, registered under Sections 21/29 of the Narcotic Drug and Psychotropic Substances Act, 1985 at Police Station Khalra, District Tarn Taran.

The operative part of the order dated 26.10.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner submits that as per allegations in the FIR, when the police party stopped a car for the purpose of checking, two persons ran away and three persons were caught at the spot. It is further submitted that recovery has already been effected and the petitioner has been named by one of the coaccused, in his disclosure statement. Learned counsel further submits that the petitioner is an aged person of 58 years and has no criminal antecedents and is involved in MOHD YAKUB 2018.12.10 17:07 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.47315 of 2018 the present FIR only on the disclosure statement of coaccused. Notice of motion for 10.12.2018...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 26.10.2018, the petitioner has appeared before the Investigating Officer and joined the investigation. It is further submitted that the petitioner is not involved in any other case. Counsel for the State, on instructions from ASI Hardeep Singh, has not disputed the factual position and submits that the petitioner is no more required for further investigation. In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 26.10.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 10.12.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.12.10 17:07 I attest to the accuracy and authenticity of this document High Court, Chandigarh