Harjinder Kumar v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-38913-2021 (O&M) Date of Decision : 04.10.2021 Harjinder Kumar .....Petitioner

Versus

State of Punjab .....Respondent CORAM : HON'BLE MR. JUSTICE SUDIP AHLUWALIA Present :

Mr. J.S. Thakur, Advocate for the Petitioner.

Mr. B.S. Sewak, Addl. Advocate General, Punjab. SUDIP AHLUWALIA, J. (ORAL) CRM-30560-2021 Allowed as prayed for.

CRM-M-38913-2021 The instant Petition has been filed under Section 439 of the Code of Criminal Procedure seeking Regular Bail on behalf of the Petitioner in case FIR No.70, dated 13.06.2019, registered under Section 21 of the NDPS Act, 1985, at Police Station Division No.8, Jalandhar Commissionerate.

2.

The Petitioner has remained in detention since 13.06.2019. 3.

Co-accused Ajay Kumar was earlier granted regular bail by this Court in CRM-M No.39683 of 2020 on 23.03.2021 in view of the inordinate and unreasonable delay on the part of the Prosecution side in completing its evidence and seeking examination of more prosecution DEEPAK KUMAR 2021.10.04 17:43 I attest to the accuracy and integrity of this document

CRM-M-38913-2021 (O&M) -2witnesses after once having closed their evidence at a stage when even the statements of the accused persons under Section 319 Cr.P.C. have been recorded. The said co-accused namely Ajay Kumar had till then remained in detention for a period of 1 year, 9 months and 9 days since 14.06.2019. 4.

The detention undergone by the present Petitioner is of much longer duration since he has continuously remained in detention since 13.06.2019 till date.

5.

In the circumstances and on the principle of parity therefore at this stage the present Petitioner is also permitted to be released on regular bail subject to appropriate terms and conditions to the satisfaction of the Ld. Trial Court/Duty Magistrate concerned.

6.

Disposed off.

October 04, 2021 (SUDIP AHLUWALIA) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2021.10.04 17:43 I attest to the accuracy and integrity of this document