High Court of Punjab and HaryanaCRM-M/28925/2020allowed

Baldev Singh@Dehbu v. State Of Punjab

2021-07-29Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 28925 of 2020 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 28925 of 2020 Date of Decision: 29.7.2021 Baldev Singh @ Dehbu ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. G.S.Sandhu, Advocate for the petitioner.

Mr. H.S.Sitta, AAG, Punjab.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. The petitioner seeks regular bail in FIR No. 296 dated 4.12.2019 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Lambi, District Sri Muktsar Sahib.

Custody certificate by way of affidavit of Deputy Superintendent (M), Central Prison, Faridkot dated 28.7.2021 has been filed through e-mail. Copy of the same is taken on record. Learned counsel for the petitioner submits that the petitioner has been falsely involved in the present case; that no recovery has been effected from the petitioner; that the petitioner has been in custody for the last one year, 07 months and 22 days and there is no other case against him. On the other hand, learned State counsel, while opposing the GURPREET SINGH 2021.07.29 16:48 I attest to the accuracy and integrity of this document Chandigarh bail application, submits that the recovery effected from the petitioner falls

CRM-M No. 28925 of 2020 -2under the commercial quantity, however, he has not disputed the fact that the petitioner has been in custody for the last 01 year, 07 months and 22 days. He further submits that in the present case, charges have been framed and out of 13 prosecution witnesses, none has been examined so far. I have heard the learned counsel for the parties. As per the custody certificate, the petitioner has been in custody for the last 01 year, 07 months and 22 days and no other case is pending against him. Charges have been framed and the prosecution witnesses are yet to be examined. The trial will take time to conclude because of Covid-19 pandemic. No useful purpose would be served by keeping the petitioner behind the bars.

Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(HARNARESH SINGH GILL) JUDGE July 29, 2021 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2021.07.29 16:48 I attest to the accuracy and integrity of this document Chandigarh