Single judge oral order granting regular bail to petitioner in an NDPS case after counsel argued he should receive same concession as co-accused granted bail sooner.
Bail granted to the petitioner to the satisfaction of the trial Court/Duty Magistrate, Bathinda.
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Crl. Misc No. M 21097 of 2011
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc No. M 21097 of 2011 Date of decision : October 21, 2011
Darshan Singh @ Buta Singh,
...... Petitioner
v.
State of Punjab,
...... Respondent
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
Present : Mr. D.S.Malwai, Advocate for the petitioner.
Mr. S.S.Chandumajra, DAG Punjab
1. Whether Reporters of Local Newspapers may be allowed to see the judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest ?
AJAY TEWARI, J (Oral)
The petitioner seeks grant of regular bail in case FIR No.18, dated 27.2.2010, registered under Sections 15/61/85 of the NDPS Act, at Police Station Maur, District Bathinda.
Counsel for the petitioner has relied upon the order dated 23.3.2011, passed in Crl. Misc No. M 224 of 2011 filed by co-accused of the petitioner, to contend that the petitioner should also be granted the concession of bail since he has now been in custody for one year and seven months.
Counsel for the respondent, on instructions from ASI Rajbir Singh, has not disputed this factual assertion but has stated that co-accused
Crl. Misc No. M 21097 of 2011 ::2::
of the petitioner viz Satish Kumar was granted bail because one accused had not been arrested who has now been arrested and charge has also been framed.
Be that as it may, since the fact of incarceration of the petitioner has not been disputed, I deem it appropriate to grant the concession of bail to the petitioner. Of-course, if the petitioner is found guilty, he would be liable to undergo whatever punishment imposed upon him.
Bail to the satisfaction of the trial Court/Duty Magistrate,
Bathinda.
Petition stands disposed of.
( AJAY TEWARI ) October 21, 2011. JUDGE `kk'
1 issue framed by the court
Whether the petitioner is entitled to regular bail after incarceration for over a year in a case under the NDPS Act.
1 provisions across 1 enactments
Darshan Singh @ Buta Singh
State of Punjab
Ajay Tewari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
