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High Court of Punjab and HaryanaCRM-M/1127/2022allowed

Kamaljit Singh v. State Of Punjab

2022-01-17Mr. Justice Jasgurpreet Singh Puri3 pages

Through video conference

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-1127-2022 (O&M).

Decided on: January 17, 2022.

Kamaljit Singh .. Petitioner

VERSUS

State of Punjab .. Respondent * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Tajinder Pal Singh Makkar, Advocate, for the petitioner.

Mr.Randhir Singh Thind, DAG, Punjab.

JASGURPREET SINGH PURI, J. (ORAL) The present petition has been filed under Section 439 of the Code of Criminal Procedure, seeking regular bail in FIR No.535 dated 28.10.2021, under Sections 20 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station City Barnala, District Barnala.

Learned counsel for the petitioner has submitted that the petitioner is in custody since 28.10.2021 and it is a case where there is recovery of 1 kg of ganja from three persons which is non-commercial

quantity. He submitted that due to enmity the petitioner has been falsely implicated in the present case and he is not involved in any other case and has clean antecedents. He submitted that there are three accused in the present case and other two co-accused namely Kesho Rani @ Krishna Devi and Sunny Singh have been granted regular bail by this Court and the petitioner is at parity with aforesaid accused. On the other hand, learned State counsel has submitted that it is correct that the petitioner is in custody since 28.10.2021 and is not involved in any other case. He submitted that it is also correct that petitioner is at parity with other co-accused namely Kesho Rani @ Krishna Devi and Sunny Singh who have been granted regular bail by this Court and the recovery of 1kg of ganja is also not commercial in nature.

I have heard the learned counsel for the parties. It is not disputed that the petitioner is in custody since 28.10.2021 and is not involved in any other case and has clean antecedents. It is also not disputed that petitioner is at parity with other co-accused namely Kesho Rani @ Krishna Devi and Sunny Singh who have been granted regular bail by this Court and the recovery of 1kg of ganja is also non-commercial.

In view of above, considering the totality of circumstances, this Court deems it fit and proper to grant regular bail to both the petitioner. Accordingly, the present petition is allowed. It is ordered that the petitioner shall be released on bail on furnishing bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate

concerned.

However, anything observed hereinabove shall not be treated as an expression of opinion on merits of the case and is meant only for the purpose of decision of present petition. January 17, 2022. (JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No