Bail petition under Section 439 Cr.P.C. dismissed as no ground made out despite trial nearing conclusion. Directed trial court to expedite trial within two months.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-18329 of 2018 Date of decision: 25.03.2019
Sukhwinder Singh and another
..Petitioners
Versus
State of Punjab
..Respondent
CORAM: HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present: Mr. Ashok Giri, Advocate for petitioner No.1.
Mr. Himanshu Puri, Advocate for petitioner No.2.
Mr. Amit Mehta, Sr. DAG, Punjab for the respondent -State.
Daya Chaudhary, J. (Oral)
The present petition has been filed by petitioners, namely, Sukhwinder Singh and Baljeet Singh, under Section 439 Cr.P.C. for grant of regular bail in case FIR No.220 dated 29.11.2017 registered under Section 21/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Doraha, District Ludhiana.
Learned counsel for the petitioners submit that the petitioners are in custody since 29.11.2017 and no other case under NDPS Act is pending against them whereas learned State counsel submits that petitioner No.1-Sukhwinder Singh is involved in three more cases, out of which, two are under the NDPS Act and one is under Section 379-B IPC. Learned State counsel also submits that out of total 12 prosecution witnesses, 9 witnesses have been examined and the next date fixed before the trial Court is 28.03.2019. Trial is likely to be concluded soon.
NEETU RANI 2019.03.26 10:33 I attest to the accuracy and integrity of this document High Court Chandigarh
Criminal Misc. No. M-18329 of 2018 2
Heard arguments of learned counsel for the petitioners as well as learned State counsel and have also perused the contents of the FIR and other documents available on the file.
By considering the stage of trial as out of total 12 prosecution witnesses, nine witnesses have been examined and the next date fixed before the trial Court is 28.03.2019; three more cases are pending against petitioner No.1, no ground is made out to release the petitioners on regular bail.
Dismissed.
However, the trial Court is directed to make all efforts to conclude the trial expeditiously preferably within a period of two months only.
25.03.2019 (DAYA CHAUDHARY) neetu JUDGE Whether speaking/reasoned Yes Whether Reportable No
NEETU RANI 2019.03.26 10:33 I attest to the accuracy and integrity of this document High Court Chandigarh
1 issue framed by the court
Whether bail should be granted to the petitioners under Section 439 Cr.P.C. considering the stage of trial and pendency of other cases.
2 provisions across 2 enactments
Sukhwinder Singh
Baljeet Singh
State of Punjab
Daya Chaudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
