Punjab-Haryana High Court
Baljinder Singh vs State Of Punjab on 29 September, 2020
CRM-M-48763-2019 -1-
209
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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CRM-M-48763-2019
Date of Decision: 29.09.2020
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Baljinder Singh
..... Petitioner
Versus
State of Punjab
..... Respondent
CORAM: HON'BLE MR. JUSTICE SUDIP AHLUWALIA
Present: Mr. Sunny K.Singla, Advocate,
for the petitioner.
Mr. Ramandeep Sandhu, Senior DAG, Punjab, assisted by
ASI Ram Parkash.
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SUDIP AHLUWALIA, J. (ORAL)
The present petition has been filed under Section 439 of the Code of Criminal Procedure by the petitioner, seeking regular bail in case FIR No.90 dated 16.04.2019, under Sections 22, 29, 61 and 85 of the NDPS Act & Sections 25, 54 and 59 of the Arms Act, registered at Police Station Jamalpur, District Ludhiana.
2. The petitioner has remained in detention for more than one year and five months, since his original custody, w.e.f. 21.04.2019, as seen from his Custody Certificate.
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3. Ld. Counsel for the petitioner relies upon the decisions of the Co-ordinate Bench of this Court, in cases bearing CRM-M-13685-2020 titled as "Sher Singh Vs. State of Punjab", dated 15.06.2020; CRM-M-2831-2019 titled as "Sunil Bhati @ Sunil Kumar Bhati Vs. State of Punjab", dated 13.01.2020; CRM-M-13732-2020 titled as "Ricky Vs. Union of Territory, Chandigarh", dated 16.06.2020 and CRM-M-46998-2019 titled as "Harwinder Singh Vs. State of Punjab", dated 10.02.2020, in which the petitioners, from whom Buprenorphine injections had been recovered, were nevertheless released on bail, in view of the fact that they were not reported to be involved in any other case under the NDPS Act, and also that on account of existing Covid-19 pandemic, routine trial of the cases would take a long time.
4. It transpires that in the present case, challan was submitted as far back as on 04.07.2019 and the charges were framed on 22.08.2019. Thereafter, however, only two prosecution witnesses, out of the total 22 prosecution witnesses cited in the challan, could be examined. It further transpires that the petitioner is not involved in any other case under the NDPS Act, although he is undergoing trial in a separate FIR bearing No.35 dated 09.04.2019, under Sections 307/324/427 of the IPC and Sections 25/27/54/59 of the Arms Act, registered at Police Station Sadar Nawanshahr, District SBS Nagar.
5. In these circumstances, without commenting any further on the merits of the present case as a whole, and in view of the detention undergone by the petitioner, as also the fact that the trial is likely to take its own considerable time due to ongoing Covid-19 pandemic, the prayer of the petitioner for regular bail is allowed and he is ordered to be released on regular 2 of 3 ::: Downloaded on - 30-09-2020 02:39:04 ::: CRM-M-48763-2019 -3- bail, subject to appropriate terms and conditions to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned.
6. Disposed off.
29.09.2020 (SUDIP AHLUWALIA)
Apurva JUDGE
1. Whether speaking/reasoned: Yes/No
2. Whether reportable: Yes/No
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