High Court of Punjab and HaryanaCRM-M/40545/2019allowed

Satnam Singh v. State Of Punjab

2020-09-30Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 40545 of 2019 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 40545 of 2019 (O&M) Date of Decision: 30.9.2020 Satnam Singh ......Petitioner

Versus

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

Present:

Mr. A.S.Brar, Advocate for the petitioner.

Mr. Pawan Sharda, Sr. DAG, Punjab.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. CRM-23998-2020 This is an application under Section 482 CPC for preponement of the main case, which is fixed for hearing on 19.11.2020. Notice of the application.

On the asking of the Court, Mr. Pawan Sharda, Sr. DAG, Punjab, accepts notice on behalf of the State.

Learned counsel for the applicant-petitioner prays that the date of hearing in the main case may be preponed from 19.11.2020 and the case may be taken up for final disposal today itself.

Learned State counsel does not have any objection to the prayer made by the learned counsel for the applicant-petitioner. For the reasons mentioned in the application, the same is allowed.

Main case is preponed from 19.11.2020 and is taken up on board GURPREET SINGH 2020.09.30 16:40 I attest to the accuracy and integrity of this document Chadigarh for hearing today itself.

CRM-M No. 40545 of 2019 -2CRM-M-40545-2019 The petitioner seeks regular bail in FIR No. 102 dated 11.6.2017 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station City South, Moga. Learned counsel for the petitioner submits that the petitioner is not the owner of the truck in question from which the alleged recovery has been effected, rather he was the driver of the said truck. Learned counsel further submits that the petitioner has been in custody from the last 03 years and 03 months and there is no other case against him. On the other hand, learned State counsel submits that the recovery effected from the petitioner falls under the commercial quantity, and the said recovery was effected in the presence of Deputy Superintendent of Police but he has not disputed the fact that the petitioner has been in custody from the last 03 years and 03 months. He further submits that out of 16 prosecution witnesses, 03 witnesses have been examined and the case is now fixed for 07.10.2020.

The petitioner has been in custody from the last more than three years. 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 September 30, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.09.30 16:40 I attest to the accuracy and integrity of this document Chadigarh