High Court of Punjab and HaryanaCRM-M/8222/2018allowed

Dharam Kaur Alias Dharmo v. State Of Punjab

2018-05-08Mr. Justice Tejinder Singh Dhindsa2 pages

CRM-M-8222-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-8222-2018 Date of decision: - 08.05.2018 Dharam Kaur alias Dharmo .....Petitioner

Versus

State of Punjab .....Respondent CORAM : HON'BLE MR.JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. N.S. Dandiwal, Advocate for the petitioner.

Mr. Amitoj Singh Dhaliwal, DAG, Punjab **** MAHABIR SINGH SINDHU , J. (ORAL) Present petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.90 dated 02.10.2017, registered under Sections 21/22/61/85 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') at Police Station Fatehgarh Panjtoor, District Moga. It is contended by learned counsel for the petitioner that the petitioner is in custody since 02.10.2017 and the alleged recovery is 260 grams of intoxicating powder along with two grams of Heroin. It is further contended that the charges were framed on 21.03.2018 and out of total fourteen prosecution witnesses, only one has been examined till date. Naresh Kumar 2018.05.09 15:24 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-8222-2018 -2The above factual position is duly acknowledged by learned State counsel on instructions from HC Nishan Singh. Heard learned counsel for the parties and perused the paper-book.

Undisputedly, there is no other criminal case pending against the petitioner under the provisions of NDPS Act. In view of the fact that the petitioner is a female and is in custody since 02.10.2017. Charges were framed on 21.03.2018 and out of total fourteen witnesses, only one has been examined till date and the trial is likely to take a long time to be concluded. Thus, no useful purpose would be served by keeping the petitioner behind the bars any more. Therefore, in view of the abovesaid circumstances, without expressing any opinion on the merits of the case, the present petition is accepted. Petitioner-Dharam Kaur alias Dharmo be admitted to bail on her furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court.

( MAHABIR SINGH SINDHU) May 08, 2018 JUDGE naresh.k Whether reportable?

Yes Whether reasoned/speaking?

Yes Naresh Kumar 2018.05.09 15:24 I attest to the accuracy and integrity of this document Chandigarh