Allowed

Barinder Singh Alias Ballu v. State of Punjab

Punjab & Haryana HC20 Sept 2024CRM-M/32757/2024

Case brief

AI extract

What is this about?

Petitioner sought regular bail under Section 439 Cr.P.C. for non-commercial narcotics charges. Bench allowed bail noting investigation concluded, charges pending, and lack of justification for extended incarceration despite antecedents, without expressing opinion on merits.

What did the court decide?

Petitioner ordered to be released on bail subject to furnishing adequate bail and surety bonds to the satisfaction of the concerned Trial Court or Duty Magistrate.

Barinder Singh Alias Ballu Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2024)

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CRM-M No.32757 of 2024 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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251

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CRM-M No.32757 of 2024 (O&M) Date of Decision: 20.09.2024

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BARINDER SINGH ALIAS BALLU

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......Petitioner

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Vs STATE OF PUNJAB ....Respondent

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CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

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Present: Mr. Raghav Chadha, Advocate for the petitioner.

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Mr. Siddharth Sandhu, Asstt. A.G., Punjab.

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HARKESH MANUJA, J. (Oral)

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By way of present petition filed under Section 439 Cr.P.C., prayer has been made for g rant of regular bail to the petitioner in case bearing FIR No. 1 92 dated 14.11.20 2 3 registered under Sections 22, 61 and 85 of the NDPS Act, 1 9 85 (Section 29 o f the NDPS Act added later on vide GD Entry No.21 d a ted 15.11.2023) at Police Station Garshankar, D istrict Hoshiarpur, wherein the petitioner was implicated against the allegati o ns of recovery of 185 grams of Tramadol powder.

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Th e prayer made on behalf of t h e petitioner has been opposed by learned State c o unsel while referring to the a n tecedents of the petitioner, wh o is involved in two more cases of the NDPS Act.

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I h ave heard learned counsel for the parties and gone through the paper book. I f i nd substance in the submissio n s made by learned counsel for the petitioner.

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MOHMED ATIK 2024.09.20 18:36 I attest to the accuracy and authenticity of this order/judgment

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CRM-M No.32757 of 2024 (O&M)

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In t he present case, the investigat i on already stands concluded w ith the filing of ch a llan. However, charges are ye t to be framed. Petitioner is be h ind the bars for a p e riod of almost 08 months and t h e trial is likely to take some tim e in its culmination. As regards involvement of peti t ioner in two more cases, in on e he stands acquitte d vide judgment dated 13.11. 2 019 passed by the Judge Spe c ial Court, Shaheed Bhagat Singh Nagar whereas in other FIR No.49 dated 18.04.2 0 13, he is facing tria l for the past almost 11 years.

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In such circumstances, the recov e ry in the present case being n oncommercial, I d o not find any justification t o extend the incarceration of the petitioner.

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Ac c ordingly, without expressing any opinion on the merits of the case, the prese n t petition is allowed and the pe t itioner is ordered to be release d on bail, subject t o his furnishing adequate bail bonds and surety bonds to the satisfaction of t h e concerned Trial Court/Duty M agistrate.

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It i s made clear that this order ma y not be construed as expressio n of an opinion on t h e merits of the case.

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(HARKESH MANUJA) September 20, 2024 JUDGE Atik W h ether speaking/reasoned Ye s /No W h ether reportable Ye s /No

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MOHMED ATIK 2024.09.20 18:36 I attest to the accuracy and authenticity of this order/judgment

Barinder Singh Alias Ballu v. State of Punjab

Case brief

What is this about?

What did the court decide?

Barinder Singh Alias Ballu 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

Statutes considered

Parties & counsel

Coram

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