Ilahi Bakhsh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Misc. No. M-8808 of 2017 Date of decision : March 21, 2017 Ilahi Bakhsh ....Petitioner versus State of Punjab ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. KBS Mann, Advocate, for the petitioner Mr. A.S. Kaler, DAG, Punjab, for the respondent Fateh Deep Singh, J. (Oral) The allegations against petitioner Ilahi Bakhsh in this regular bail application under section 439 Cr.P.C. are that on 28.10.2016 the petitioner was apprehended by the police and recovery of 2 kgs of opium, a non commercial quantity in view of the provisions of section 2 vii(a) & xiii (a) of the NDPS Act was effected from him. The petitioner is in custody since more than four and a half months and the trial is not likely to be concluded in near future, though the bail is opposed by the learned State counsel.

Keeping in view the substantive period of incarceration and the fact that the trial is not likely to be concluded in near future, without adverting to the merits of the case and the culpability if any shall be determined at the time of trial, the instant application is allowed. Bail to Dalbir Singh Tiwana 2017.03.23 12:19 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-8808 of 2017 -2the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Sri Muktsar Sahib.

The present petition stands disposed off accordingly. ( Fateh Deep Singh ) March 21, 2017 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No Dalbir Singh Tiwana 2017.03.23 12:19 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.