In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-801 of 2009
Date of decision: 31.3.2009
Gurmail Singh
......Petitioner
Versus
State of Punjab
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Vipin Ghai, Sr.Advocate with
Mr.Sandeep Gahlawat, Advocate,
for the petitioner.
Mr.Aman Deep Singh Rai, AAG, Punjab.
****
SABINA, J.
This petition has been filed by Gurmail Singh under
Section 439 of the Code of Criminal Procedure for grant of regular
bail in case FIR No. 96 dated 19.7.2003, under Sections 15/61/85 of
the Narcotic Drugs and Psychotropic Substances Act, 1985
registered at Police Station Dialpur District Bathinda.
At the time of issuance of notice of motion, the following
order was passed by this Court on 14.1.2008:-
“Learned counsel for the petitioner has
submitted that the petitioner was not arrested at the spot
and was declared a proclaimed offender. Rakesh Kumar,
who was arrested at the spot has been acquitted by the
Criminal Misc. No.M-801 of 2009 -2-learned trial Court vide order dated 10.7.2006 (Annexure
P-1). The petitioner is in custody since 4.8.2008.
Notice of motion for 19.2.2009.”
Learned State counsel, on the other hand, has opposed
this petition.
Keeping in view the fact that the petitioner was not
arrested at the spot and the co-accused, who was arrested at the
spot has been acquitted by the learned trial Court vide order dated
10.7.2006 (Annexure P-1) and also the factum of the petitioner
having been in custody since 4.8.2008, without expressing any
opinion on the merits of the case, this petition is allowed. The
petitioner is ordered to be admitted to bail subject to the satisfaction
of learned Chief Judicial Magistrate, Bathinda.
(SABINA)
JUDGE
March 31, 2009
anita