Punjab-Haryana High Court
Kulwant Singh @ Gogi vs State Of Punjab on 6 November, 2020
CRM-M-32112-2020 -1-
205
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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CRM-M-32112-2020
Date of Decision: 06.11.2020
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Kulwant Singh @ Gogi
..... Petitioner
Versus
State of Punjab
..... Respondent
CORAM: HON'BLE MR. JUSTICE SUDIP AHLUWALIA
Present: Mr. Kanwaljit Singh Brar, Advocate,
for the petitioner.
Mr. Amar Ashok Pathak, Additional A.G., Punjab.
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SUDIP AHLUWALIA, J. (ORAL)
The present petition has been filed under Section 439 of the Cr.P.C. by the petitioner, seeking regular bail in case FIR No.0179 dated 23.10.2019, under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Bathinda, District Bathinda.
2. Seen Custody Certificate of the petitioner, who has remained in detention in the present case for one year and eleven days, till today. There is no record of his involvement in any other case under the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. After completion of the investigation, challan against the petitioner has already been presented long ago, but the trial is yet to commence, and even the charges have not been framed, obviously on account of the ongoing COVID-19 Pandemic, due to which, normal functioning of the 1 of 2 ::: Downloaded on - 07-11-2020 04:21:40 ::: CRM-M-32112-2020 -2- Courts has been severely disturbed. Co-accused Amritpal Singh @ Pali has already been granted regular bail by this Court in CRM-M-53900-2019 on 28.09.2020.
4. In the given circumstances, and in view of the decisions passed by various Co-ordinate Benches of this Court in similarly situated cases, such as in CRM-M-28410-2020, titled as "Harinder Singh Vs. State of Punjab", CRM-M-17481-2020, titled as "Mani Singh @ Maddi Vs. State of Punjab"
and CRM-M-13310-2020, titled as "Harwinder Singh Vs. State of Punjab", detention of the petitioner for an indefinite period, at this stage, is not called for.
5. As such, without commenting any further on the merits of the present case as a whole and in view of the detention undergone by the petitioner, the prayer of the petitioner for regular bail is allowed and he is ordered to be released on bail, subject to appropriate terms and conditions to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned.
6. Disposed off.
06.11.2020 (SUDIP AHLUWALIA)
Apurva JUDGE
1. Whether speaking/reasoned: Yes/No
2. Whether reportable: Yes/No
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