High Court Punjab-Haryana High Court

Gurmail Singh vs State Of Punjab on 31 March, 2009

Punjab-Haryana High Court
Gurmail Singh vs State Of Punjab on 31 March, 2009
     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
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