Sajan v. State Of Punjab

IN THE E HIGH COURT OF PUNJ JAB AND HARYANA ARH CRM-M-27414-2024 e of Decision: May 31, 2024 AT CHANDIGA Date ........Petitioner SAJAN STATE OF PU CORAM: HO

Present:

M M

Versus

UNJAB ........Respondent ON'BLE MR. JUSTICE HARK KESH MANUJA Mr. K.S. Brar, Advocate for the e petitioner.

Mr. Karunesh Kaushal, AAG, P Punjab.

**** ANUJA, J. (ORAL) HARKESH MA 1.

By y way of present petition file ed under Section 439 CrPC, prayer has be een made for grant of regula ar bail in case FIR No. 119 dated 25.06.2 2021 registered under Section ns 22(C)/61/85 of NDPS Act t (Section 29 of f NDPS Act was added later on) registered at P.S. Sadar r Faridkot, Distr rict Faridkot, wherein, the pe etitioner has been implicated d against the all eged recovery of 980 tablets of Tramadol Hydrocholoride.

2.

Th he prayer made herein has b een opposed at the instance e of learned St tate counsel while referring to the antecedents of the e petitioner who o is stated to be involved in n one more case under the e provisions of I PC besides, the present FIR.

3.

I h have heard learned counse el for the parties and gone e through the p aper book. I find substance in the submissions made on n behalf of the p petitioner.

TEJWINDER SINGH 2024.05.31 18:33 I attest to the accuracy and integrity of this document

CRM-M-27414-2024 -24.

In the present case, investigation already stands concluded with the filing of challan followed by framing of charge and so far only 4 prosecution witnesses have been examined out of total of 23, thus, the conclusion of trial is likely to take some time. Moreover, the petitioner is in custody for the past almost 1 year and 4 months and is not involved in any other case under the provisions of NDPS Act. Considering the aforesaid facts and circumstances, this Court does not find justification to extend his incarceration any further.

5.

In view of the above, without commenting anything on the merits, lest it may prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate. 6.

Nothing expressed herein shall be treated as an expression of opinion on the merits of the case.

31.05.2024 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2024.05.31 18:33 I attest to the accuracy and integrity of this document