Allowed

Jagdeep Singh v. State of Punjab

Punjab & Haryana HC30 May 2013CRM-M/10939/2013

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana, per Mehinder Singh Sullar, J., disposed of two petitions for regular bail. The court accepted the petitions, considering the non-commercial quantity of drugs, lack of prior record, and the delay in prosecution, ordering release on furnishing bail bonds and affidavits.

What did the court decide?

Petitions for regular bail accepted; petitioners ordered to be released on furnishing bail, surety bonds, and affidavit undertaking not to commit future offences.

Jagdeep Singh Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2013)

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CRM Nos. M-10939 & 13057 of 2013 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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1. CRM No. M-10939 of 2013

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Jagdeep Singh ...Petitioner

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Versus

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State of Punjab ...Respondent

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2. CRM No. M-13057 of 2013

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Manish Kumar ...Petitioner Versus

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State of Punjab ...Respondent

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Date of Decision:-30.5.2013

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CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR

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Present:Mr.Satnam Singh Gill, Advocate for the petitioner in CRM No.M-10939 of 2013.

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Mr.S.K.Panwar, Advocate for the petitioner in CRM No. M-13057 of 2013.

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Mr.K.S.Aulakh, AAG Punjab for the State.

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Mehinder Singh Sullar, J . (Oral)

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As identical points for determination for the grant of regular bail are involved, therefore, I propose to dispose of the indicated petitions, arising out of the same case/FIR, vide this common decision in order to avoid the repetition of the facts.

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Petitioners Jagdeep Singh son of Jasbir Singh and Manish Kumar son of Dharamvir Singh have directed the instant separate petitions for the grant of regular bail, in a case registered against them

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CRM Nos. M-10939 & 13057 of 2013 2

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along with their other co-accused Hardeep Singh, vide FIR No.242 dated 21.9.2012, on accusation of having committed an offence punishable under section 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 by the police of Police Station City Rajpura, District Patiala, invoking the provisions of section 439 Cr.PC.

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Notices of the petitions were issued to the State.

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After hearing the learned counsel for the parties, going through the record with their valuable help and after considering the entire matter deeply, to my mind, the present petitions deserve to be accepted in this context.

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The prosecution claimed that on 21.9.2012, in the wake of personal search, 300 grams of white powder (Dextropropoxyphene) from the possession of petitioner Jagdeep Singh and 400 grams of same white powder from petitioner Manish Kumar was recovered. On the basis of instant recoveries, the present case was registered against them. It is not a matter of dispute that the quantity of Dextropropoxyphene recovered from the possession of petitioners is non-commercial. There is no history of their previous involvement in any such criminal case. The petitioners were arrested on 21.9.2012, since then, they are in judicial custody and no useful purpose would be served to further detain them in jail. Even, since the prosecution has not yet examined even a single witness, so, the conclusion of trial will naturally take a long time.

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In the light of aforesaid reasons, taking into consideration the totality of facts & circumstances, emanating from the record, as described here-in-above and without commenting further anything on merits, lest it

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CRM Nos. M-10939 & 13057 of 2013 3

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may prejudice the case of either side, during the course of trial of main case, the instant petitions for regular bail are hereby accepted. The petitioners are ordered to be released on bail on their furnishing respective affidavits to the effect that they will not indulge in any such criminal cases in future and adequate bail & surety bonds to the satisfaction of trial Court or in its absence, the Duty Magistrate, Patiala.

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30.5.2013 (Mehinder Singh Sullar) AS Judge

Jagdeep Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Jagdeep Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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