Gagandeep Singh v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision : September 03, 2021 Gagandeep Singh ....Petitioner versus State of Punjab ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. Ashish Aggarwal, Advocate, for the petitioner Mr. Sidakmeet Singh Sandhu, AAG, Punjab Fateh Deep Singh, J. (Oral) CRM-27996-2021 The matter has been taken up through Videoconferencing on account of outbreak of pandemic COVID-19. The present application being in compliance of earlier orders dated 10.8.2020, the same stands allowed. Documents annexed therewith are taken on record.

The allegations against the accused-petitioner Gagandeep Singh in this first regular bail application are as follows:- "It is on the basis of disclosure statement of co-

-2accused non-applicant Amandeep Singh @ Moli made before the police on 11.8.2019, the police apprehended the petitioner and from his car 385 grams of heroin was recovered."

Learned counsel for the petitioner inter-alia contends that the petitioner is behind the bars for more than two years and 17 days and that the trial is not likely to be initiated in view of the COVID-19 pandemic.

Learned State counsel does not displaces the facts though concedes that there is no other case under the NDPS Act against the petitioner but opposed the grant of bail on the ground of seriousness of the offence.

Appreciating the submissions, admittedly the petitioner is behind the bars for more than two years. The trial is not likely to be concluded in the near future in view of the present pandemic scenario. Thus to enable the authorities to prevent spread of the malady and the fact that the petitioner has already undergone sufficient incarceration and in earlier decision of this Court in the cases of CRM-M-16336-2020 (O&M) decided on 29.7.2020, titled as Sanjay Kumar versus State of Punjab; CRM-M-15530-2020 (O&M) decided on 24.7.2020, titled as Sagar Arora versus State of Punjab;

-3CRM-M-19285-2020 decided on 6.8.2020 titled as Taranjit Singh @ Tarni versus State of Punjab; CRM-M-46318-2019 decided on 17.12.2019 titled as Jagsir Singh @ Seera versus State of Punjab and CRM-M-16824-2020 decided on 30.6.2020, titled as Raj Kumar veruss Narcotic Control Bureau, Chandigarh same reliefs have been granted, impels this Court to grant similar relief to the petitioner especially in view of the fact that there is no other similar case is pending against the petitioner. Accordingly, he is ordered to be released on regular bail on furnishing two sureties of Rs one lac each to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, concerned.

The present petition stands disposed off accordingly. The observations made herein above shall have no bearing on the merits of the case as these are purely for the disposal of the present bail application.

( Fateh Deep Singh ) September 03, 2021 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No