Allowed

Jaswinder Singh @ Sonu v. State of Punjab

Punjab & Haryana HC8 Jan 2013CRM-M/15687/2012

Case brief

AI extract

What is this about?

This Court granted absolute anticipatory bail to Jaswinder Singh @ Sonu in a Narcotic Drugs and Psychotropic Substances Act case. The interim order from June 2012 was confirmed after the State submitted that the petitioner had joined the investigation and no further custodial interrogation was required.

What did the court decide?

The interim order granting anticipatory bail to Jaswinder Singh @ Sonu dated 1.6.2012 was made absolute, releasing him on bail subject to Section 438(2) Cr.P.C. conditions.

Jaswinder Singh @ Sonu Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2013)

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Crl.M.No.M-15687 of 2012(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl.M.No.M-15687 of 2012(O&M) Date of Decision: January 8, 2013

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Jaswinder Singh @ Sonu

.....Petitioner

State of Punjab

......Respondent

CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA

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Present: Mr.Ankit Duggal, Advocate for Mr.P.S.Sekhon, Advocate

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for the petitioner.

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Mr.P.S.Paul, DAG, Punjab.

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.....

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RAM CHAND GUPTA, J.(Oral)

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The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.121, dated 6.10.2011, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Dailon District Ludhiana.

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I have heard learned counsel for the parties and have gone through the whole record carefully.

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This Court while issuing notice of motion on 1.6.2012, passed the following order:

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“Crl.M.No.31514 of 2012

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Application is allowed subject to all just exceptions.

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Crl.M.No.32768 of 2012

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Request for placing on record statement of Head Constable Mohd.Sadiq Annexure A/1.

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The same is taken on record subject to all just exceptions. Criminal misc. stands disposed of.

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Crl.M.No.M-15687 of 2012

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Contends that recovery has been effected from the house of brother of accused Sapinder Singh who was arrested at the

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Crl.M.No.M-15687 of 2012(O&M)

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spot and got the recovery effected and that name of brother of Sapinder was also mentioned in the FIR as per secret information and however, Sapinder Singh in order to save his brother, did not mention his name in his statement and falsely implicated the present petitioner-accused, who is having no concern with the said recovery and the house from which the recovery was effected. Further contends that alleged recovery has been effected and the custodial interrogation of petitioneraccused is not necessary.

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Notice of motion to Advocate General, Punjab, for 31.7.2012.

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However, in the meantime, petitioner is directed to join the investigation and in case of his arrest, he shall be released on interim bail by the arresting officer to his satisfaction subject to compliance of conditions as specified under Section 438(2) Cr.P.C.”

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It has been stated by learned counsel for the petitioner that pursuant to the said order, the petitioner has already joined the investigation.

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It has been stated by learned State counsel as well, on instructions from HC Gurmit Singh that the petitioner has joined the investigation and that he is no more required for any custodial interrogation by the police.

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There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

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In view of these facts and without expressing any opinion on the merits of the case, order dated 1.6.2012, granting interim bail to petitioner-Jaswinder Singh @ Sonu is, hereby, made absolute subject to the compliance of conditions contained in Section 438(2) Cr.P.C.

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The present petition stands disposed of accordingly.

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8.1.2013

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(Ram Chand Gupta) Judge

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meenu

Jaswinder Singh @ Sonu v. State of Punjab

Case brief

What is this about?

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Jaswinder Singh @ Sonu v. State of Punjab

Case brief

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