IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No.M-22077 of 2008
Date of Decision : 07.01.2009
Swaran Singh @ Sama
...Petitioner
Versus
State of Punjab
...Respondent
CORAM:HON'BLE MR. JUSTICE RAJIVE BHALLA
Present: Mr. Naresh Kaushik, Advocate, for
Mr. T.P.S.Bhatti, Advocate,
for the petitioner.
Mr. Gazi Mohd. Umair, DAG, Punjab,
for the respondent-State.
RAJIVE BHALLA, J. (ORAL)
Prayer in this petition is for grant of regular bail in case FIR
No.159 dated 30.11.2006, registered under Sections 21/29/61/85 of the
Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called
as ‘the Act’ only), at Police Station Sultanwind, District Amritsar.
Counsel for the petitioner submits that the petitioner is neither
named in the FIR nor has any recovery been effected from him. It is
further submitted that during this period the petitioner was behind bars in
another case and, therefore, it is apparent that he has been falsely
implicated.
Counsel for the State of Punjab states that the trial is at an
advanced stage as out of the 11 witnesses cited by the prosecution, 8 have
been examined and the next date is 12.1.2009.
In view of the fact that the trial has almost concluded and
the petitioner is accused of a similar offence in another case, no ground
Crl. Misc. No.M-22077 of 2008 -2-
is made out to extend the benefit of bail. The trial Court, however, shall
conclude the trial within two months from the next date of hearing. The
prosecution is directed to ensure that its witnesses appear before the trial
Court as and when so directed.
January 07, 2009 (RAJIVE BHALLA) Vimal JUDGE