Allowed

Joginder Singh v. State of Punjab

Punjab & Haryana HC27 Aug 2012CRM-M/21282/2012

Case brief

AI extract

What is this about?

High Court granted regular bail to the petitioner under Section 439 CrPC in a case under Sections 22 NDPS Act, emphasizing that trial cannot be concluded soon and arresting conditions do not justify continued detention without merits analysis.

What did the court decide?

Petitioner admitted to bail pending trial subject to furnishing bail bonds to CJM Ferozepur and undertaking not to commit offences.

Joginder Singh Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2012)

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CRM No.M-21282 of 2012 (O&M) -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M-21282 of 2012 (O&M)

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Date of decision : 27.08.2012

Joginder Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN

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Present: Mr. Jatinder Pal Singh, Advocate, for the petitioner.

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Mr. Luvinder Sofat, AAG, Punjab.

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JITENDRA CHAUHAN, J. (Oral)

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The petitioner has filed this petition under Section 439 of

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the Code of Criminal Procedure for grant of regular bail in case FIR No.38 dated 16.03.2012 registered under Sections 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Sadar Fazilka, District Ferozepur.

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The learned counsel for the petitioner contends that the petitioner is not named in the FIR. He was named by co-accused, Gurcharan Singh. Even his parentage is not mentioned. The learned counsel further submits that the petitioner is not involved in any other case. He is a young man of 30 years and is a labourer.

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On the other hand, the learned State counsel submits that

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CRM No.M-21282 of 2012 (O&M) -2-

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the petitioner ran away from the spot. He has been specifically named by the co-accused, Gurcharan Singh, during the investigation.

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I have heard the learned counsel for the parties.

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The petitioner was not arrested from the spot. He is not

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involved in any other FIR. Challan has been presented. The trial has commenced, however, none of the witnesses has been examined so far. The trial is not likely to be concluded in the near future.

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Accordingly, without adverting to the merits of the case, the

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present petition is allowed. The petitioner be admitted to bail during the pendency of the trial subject to furnishing the bail bonds to the satisfaction of the Chief Judicial Magistrate, Ferozepur. The petitioner will also furnish an undertaking before the Releasing Officer that he shall not commit any offence while on bail.

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27.08.2012 atulsethi

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(JITENDRA CHAUHAN) JUDGE

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Note : Whether to be referred to reporter ? Yes / No

Joginder Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Joginder Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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