Sattu Singh @ Satpal Singh v. State Of Punjab

CRM-M-47680 of 2023 2023:PHHC:131004

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-47680 of 2023 DATE OF DECISION :- 09.10.2023 Sattu Singh @ Satpal Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present:- Mr. Gurbir Singh Sidhu, Advocate for the petitioner. Mr. Amit Shukla, AAG, Punjab.

*** PANKAJ JAIN, J. (Oral) Present Second petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No. 37 dated 16.3.2022, registered for the offences punishable under Sections 304, 34 IPC and later on added Section 201 IPC and Section 27 of Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Dirba, District Sangrur.

2.

The FIR came into being on the statement of Pargat Singh son of Yodha Singh who claimed that his cousin Vicky Singh who died was seen to be injecting a white colour solution by Jagsir Singh and present petitioner i.e. Sattu Singh @ Satpal Singh was holding his arm. 3.

As per the post-mortem report the deceased died of overdose. The medical opinion reads as under :- "As per Chemical uppeling from Chemical Examiner Kharar dis parcel No. 2625 dated 11.5.2022 exhibit I,II, III contains PARVINDER SINGH 2023.10.10 15:07 I attest to the accuracy and integrity of this document chandigarh

CRM-M-47680 of 2023 2023:PHHC:131004 Morphine in our opinion Morphine Poisoning leading to Cardiac arrest which is antemortem in nature and can cause death in ordinary cause of nature."

4.

Learned counsel for the petitioner submits that petitioner is behind bars for more than 1 year 6 months 19 days; investigation already stands concluded and only two out of cited witnesses could be examined by now; the trial is likely to conclude in near future. 5.

The aforesaid assertions being made by counsel for the petitioner placed on record are not disputed by the State counsel. 6.

Learned State counsel submits that petitioner is also a drug addict. He along with deceased were indulging in illegal activities and were used to consume narcotic and psychotropic substances. 7.

I have heard learned counsel for the petitioner and learned State counsel and have gone through the record.

8.

Without commenting on merits of the case and keeping in view the incarceration already suffered by the petitioner, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned.

9.

Needless to say nothing recorded herein shall be construed to be an expression of an opinion on the merits of the case. (PANKAJ JAIN) JUDGE 09.10.2023 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2023.10.10 15:07 I attest to the accuracy and integrity of this document chandigarh