Sarabjit Singh @ Sabbi v. State Of Punjab

CRM-M No.31228 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.31228 of 2020 (O&M) Date of Decision.13.10.2020 (Heard through VC) Sarabjit Singh @ Sabbi

...Petitioner

Vs State of Punjab

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Ms. Arti Kaur, Advocate for the petitioner.

Ms. Monika Jalota, DAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) This is a second petition that has been filed for grant of regular bail in case FIR No.55 dated 14.06.2019 registered under Section 22 of NDPS Act, 1985 at Police Station Kathgarh, District SBS Nagar. Counsel for the petitioner herein inter alia would contend that the recovery made from the petitioner is 120 injections of Buprenorphine and 600 tablets of Alprasave, which is marginally above the commercial quantity. He further relies upon the order passed by a Coordinate Bench of this Court in CRM-M No.20189 of 2020 titled as 'Amandeep Singh @ Amma Vs. State of Punjab' whereby in an identical situation, the Coordinate Bench granted bail to the petitioner therein. He also relies upon order dated 28.09.2020 passed in CRM-M No.14784 of 2020 by this Court wherein the co-accused Ram Naresh @ Ram has been granted bail and therefore, seeks concession of bail on the same ground.

Learned counsel appearing for the respondent-State opposes the regular bail while submitting that no ground is made out for concession of PANKAJ KUMAR 2020.10.14 10:49 I attest to the accuracy and integrity of this document

CRM-M No.31228 of 2020 (O&M) -2bail.

I have heard learned counsel for the parties. Keeping in view the fact that the recovery made is marginally higher than the commercial quantity and in the similar circumstances, this Court has already granted concession of bail vide order referred to supra, coupled with the fact that the trial is likely to take some time to conclude as due to COVID-19 situation, Courts are not working at their full strength and not taking up regular hearing matters, no useful purpose would be served in keeping the petitioner behind the bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond of an amount of Rs.1 lakh to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case. (JAISHREE THAKUR) JUDGE October 13, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.10.14 10:49 I attest to the accuracy and integrity of this document