Harwinder Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-39946-2024 Date of decision: October 24th, 2024 Harwinder Singh .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Kulwinder Singh Dhillon, Advocate for the petitioner.

Mr. Amit Rana, Senior Deputy Advocate General, Punjab. MANJARI NEHRU KAUL , J. (ORAL) This is a third petition filed by the petitioner seeking the concession of regular bail under Section 439 of the Code of Criminal Procedure, 1973 in case FIR No.53 dated 18.03.2018 under Section 22 of the NDPS Act, 1985, registered at Police Station Tanda, District Hoshiarpur.

2.

At the outset, learned State counsel, on instructions, has brought to the notice of this Court that the trial is nearing conclusion as all the prosecution witnesses stand examined. It has been, therefore, submitted that in all likelihood, the trial would conclude within the next couple of weeks.

3.

Learned counsel appearing for the petitioner has, however, submitted that there is little possibility of the trial concluding in the near future since an application has been moved under Section 311 of the Cr.P.C. for recalling of one of the witnesses and it is pending consideration.

PUNEET SACHDEVA 2024.10.25 10:08 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-39946-2024 -24.

Be that as it may, even if an application has been filed for recalling of a witness, the trial would not take much time to conclude. In the facts and circumstances and keeping in view the custody certificate of the petitioner, wherein it finds reflected that he is involved in a number of criminal cases including a case under the Prisons Act, this Court does not deem it fit to extend the concession of bail to the petitioner and that too at this stage.

5.

The instant petition stands dismissed.

6.

However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

October 24th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.10.25 10:08 I attest to the accuracy and integrity of this document Chandigarh