Pardeep Kumar v. State Of Punjab

-1CRM-M-22654 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-22654 of 2019 Date of Decision: 24.05.2019 Pardeep Kumar

...Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. S.S. Jattan, Advocate, for the petitioner. Mr. Amandeep S. Gill, DAG, Punjab.

RAMENDRA JAIN, J. (ORAL) Through instant petition under Section 439 Cr.P.C. prayer has been made for grant of regular bail to the petitioner in a case arising from FIR No.218 dated 05.08.2017 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 24 of the Arms Act, 1959 at Police Station Samrala, District Ludhiana. According to the prosecution, co-accused of the petitioner namely Gagandeep was apprehended with conscious possession of 270 grams of intoxicant powder and one pistol and Mohd. Irfan with 255 grams of intoxicant powder. Petitioner has been arrested on their disclosure statement.

Learned counsel for the petitioner inter alia contends that petitioner has been falsely implicated in the aforesaid FIR on the basis of disclosure statement of co-accused, which is a very weak type of evidence. He is in custody since 08.12.2018. Petitioner may also be granted bail on RAVINDER SINGH 2019.05.24 16:14 I attest to the accuracy and integrity of this document

-2CRM-M-22654 of 2019 the same parity as that of his co-accused namely, Mohd. Irfan, who has been enlarged on regular bail by this Court vide order dated 24.09.2018 passed in CRM-M-46459 of 2016. Conclusion of trial may take a sufficient long time. No useful purpose would be served by detaining the petitioner any more in jail.

On the other hand, learned State counsel vehemently opposed the grant of regular bail to the petitioner.

Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioner is ordered to be released on bail during pendency of trial on the same parity as that of his aforesaid co-accused, on his furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned.

(RAMENDRA JAIN) May 24, 2019 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2019.05.24 16:14 I attest to the accuracy and integrity of this document