High Court of Punjab and HaryanaCRM-M/31101/2019allowed

Gurjant Singh v. State Of Punjab

2019-09-25Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.31101 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.31101 of 2019 Decided on: 25.09.2019 Gurjant Singh ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Karanjit Singh, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.39 dated 16.02.2018 registered under Sections 22/25/27-A/29 of the Narcotic Drug and Psychotropic Substances Act, 1985 and 25/54 of the Arms Act at Police Station Meharban, District Ludhiana.

Counsel for the petitioner has submitted that the petitioner is in custody for the last 01 year and 07 months and he is a first offender. It is further submitted that as per the allegations in the FIR, the police party apprehended the petitioner along with the co-accused Surjit Singh and recovered 600 gms of Heroin from the present petitioner - Surjit Singh and 900 gms of Heroin from the co-accused - Surjit Singh. It is further argued that the out of 16 prosecution witnesses, only 01 PW has been examined so and conclusion of the trial MOHD YAKUB 2019.09.25 16:32 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.31101 of 2019 will take long time.

Counsel for the State, on instructions from HC Balbir Singh, has not disputed the factual position but opposed the prayer for bail.

Without commenting anything on merits of the case, considering the fact that the petitioner is the first offender; out of 16 PWs only 01 PW has been examined so far and the conclusion of the trial will take some time, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 25.09.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.09.25 16:32 I attest to the accuracy and authenticity of this document High Court, Chandigarh