High Court of Punjab and HaryanaCRM-M/47973/2019allowed

Narinder Singh Alias Nandi v. State Of Punjab

2019-12-02Mr. Justice Surinder Gupta2 pages

CRM-M-47973-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-47973 of 2019 (O&M) Date of Decision: December 02, 2019 Narinder Singh @ Nandi ..........PETITIONER

VERSUS

State of Punjab ........RESPONDENT CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Parv Aggarwal, Advocate for Mr. A.P.S.Sandhu, Advocate for the petitioner.

Mr. Avtar Singh Sandhu, Addl. A.G., Punjab.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 60 dated 12.02.2012 registered for the offences punishable under Sections 18 of Narcotic Drugs and Psychotropic Substances Act; 25 of Arms Act and 120-B of Indian Penal Code, at Police Station Civil Lines, District Amritsar. The petitioner was arrested in this case on 15.02.2012 and .32 bore pistol and a live cartridge were recovered from his possession. Custody certificate of petitioner dated 18.11.2019 produced on file shows that he was released on bail on 04.04.2012. He was again arrested in another case bearing FIR No. 54 dated 24.07.2012 in which he remained in custody from 24.07.2012 to 24.01.2013, when he was released on bail and again arrested on 07.11.2017 and is in custody in that case till date. During the pendency JYOTI 2019.12.03 11:57 I attest to the accuracy and integrity of this document

CRM-M-47973-2019 -2of case, he was declared as proclaimed offender on 27.10.2014 and was taken in custody again on 26.03.2018. (Though, he was in custody in other case from 07.11.2017 onwards).

Keeping in view the above facts and that conclusion of trial will take considerable long time, the present petition is allowed. Petitioner Narinder Singh @ Nandi is ordered to be released on regular bail on his furnishing bail bond and surety bond to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- a. The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.

c. He shall not leave the country without the prior permission of the Court.

( SURINDER GUPTA ) December 02, 2019 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JYOTI 2019.12.03 11:57 I attest to the accuracy and integrity of this document