Petitioner sought regular bail under Section 439 Cr.P.C. in an NDPS case. The High Court dismissed the plea finding no ground for bail as trial was near completion but directed expedited conclusion within two months.
Application for bail dismissed; Trial Court directed to conclude trial expeditiously within two months.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-5538 of 2018 Date of decision: 25.03.2019
Balbir Singh
..Petitioner
Versus
State of Punjab
..Respondent
CORAM: HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present: Ms. Karamvir Varing, Advocate for Mr. D.S. Sandhu, Advocate for the petitioner.
Mr. Amit Mehta, Sr. DAG, Punjab for the respondent -State.
Daya Chaudhary, J. (Oral)
The present petition has been filed by petitioner-Balbir 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 petitioner submits that the petitioner is in custody since 02.12.2017 and no other case under NDPS Act is pending against him. Learned counsel further submits that in the petition filed by co-accused, a time bound direction has been given to conclude the trial within a period of two months.
Custody certificate has been filed in the Court and the same is taken on record.
Learned State counsel submits that the petitioner is involved in one more case of NDPS Act. Learned State counsel also submits that out of
NEETU RANI 2019.03.27 10:40 I attest to the accuracy and integrity of this document High Court Chandigarh
Criminal Misc. No. M-5538 of 2018 2
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.
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; one more case is pending against the petitioner, no ground is made out to release the petitioner 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 2019.03.27 10:40 I attest to the accuracy and integrity of this document High Court Chandigarh
2 issues framed by the court
Whether the petitioner is entitled to regular bail under Section 439 Cr.P.C. given the pending trial and related case.
Whether the stage of trial warrants the release of the petitioner on bail.
2 provisions across 2 enactments
Balbir Singh
State of Punjab
Daya Chaudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
