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Punjab-Haryana High Court

Sandeep Singh @ Seepa vs State Of Punjab on 25 March, 2015

Author: Jaspal Singh

Bench: Jaspal Singh

       205                      IN THE HIGH COURT OF PUNJAB AND HARYANA
                                              AT CHANDIGARH

                                                  CRM-M-44361 of 2014
                                                  Date of decision: March 25, 2015

       Sandeep Singh @ Seepa
                                                                                        .... Petitioner
                                                        Versus

       State of Punjab
                                                                                     .... Respondent

       CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

       Present:                 Mr. Vinay Kumar Gupta, Advocate
                                for the petitioner.

                                Ms. Priyanka Sadar, AAG, Punjab.

       Jaspal Singh, J.(Oral)

Instant petition has been filed under Section 439 Cr.P.C read with Section 167(2) Cr.P.C seeking regular bail to the petitioner in case FIR No. 56 dated June 04, 2014 under Section 21 of the Narcotics Drugs & Psychotropic Substances Act, 1985 (for short 'Act'), registered at Police Station Sadar Faridkot, Tehsil and District Faridkot.

Learned State counsel has filed the status report. The same is taken on record.

It is an undisputed fact that petitioner was arrested in this case on June 04, 2014 and an application for extension of time under Section 36-A(4) of Act was moved on November 25, 2014 by prosecution and that application was allowed by learned Judge, Special Court, Faridkot vide order dated December 08, 2014 and further period of 120 days was extended/given to the prosecution from the date of filing of said application i.e. November 25, 2014. The period of 120 days is going to expire on today i.e. March 25, 2015 and it has been fairly conceded by learned State counsel, as per instructions from ASI Paramjeet Singh that no application for extension has so far been moved before learned Judge, Special Court, Faridkot. An indefeasible right has accrued to the petitioner especially in the circumstances when no further extension has been SHAM SUNDER 2015.03.26 09:05 I attest to the accuracy and authenticity of this document high court chandigarh CRM-M-44361 of 2014 -2- sought by the prosecution.

Bail to the satisfaction of learned trial Court.

       March 25, 2015                                                          (JASPAL SINGH)
       sham                                                                         JUDGE




SHAM SUNDER
2015.03.26 09:05
I attest to the accuracy and
authenticity of this document
high court chandigarh