High Court of Punjab and HaryanaCRM-M/7161/2017disposed of

Gurcharan Singh @ Gora v. State Of Punjab

2017-05-18Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Misc. No. M-7161 of 2017 Date of decision : May 18, 2017 Gurcharan Singh @ Gora ....Petitioner versus State of Punjab ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. Rishu Mahajan, Advocate, for the petitioner Mr. RS Randhawa, Addl. AG, Punjab for the respondent-State Fateh Deep Singh, J. (Oral) The allegations against petitioner Gurcharan Singh @ Gora in this regular bail application under section 439 Cr.P.C. are that on 27.8.2016, the petitioner while riding a motorcycle along with co-accused nonapplicants, 250 grams of smack was recovered from Harjinder Singh @ Jinder and from beneath the seat of the motorcycle, 20 grams more smack was recovered.

The contentions of the counsel for the petitioner are that the petitioner is in custody since 27.8.2016 and that the trial is not likely to be concluded in near future and that the co-accused of the petitioner has already been granted the bail by this Court. The bail has been opposed by the learned State counsel on the grounds that narcotic substance has been recovered from the petitioner and his co-accused. Dalbir Singh Tiwana 2017.05.19 15:00 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-7161 of 2017 -2- Keeping in view the substantive period of incarceration, in view of principle of parity and the fact that the trial is not likely to be concluded in near future, without adverting to the merits of the case, the instant application is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Amritsar.

The present petition stands disposed off accordingly. The observations made herein above shall not be binding on the trial court at the time of trial as these are purely for the disposal of the present bail application.

( Fateh Deep Singh ) May 18, 2017 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No Dalbir Singh Tiwana 2017.05.19 15:00 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.