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Judgment
5 paragraphs · 244 wordsRajan Gupta, J.—This is a petition u/s 439 Code of Criminal Procedure seeking regular bail in a case registered against the Petitioner u/s 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 at Police Station Guruharsahai, District Ferozepur, vide FIR No. 240 dated 15th November, 2007.
Learned Counsel for the Petitioner submits that Petitioner is in custody since 13th September, 2010 and trial of the case is already in progress, thus, no useful purpose will be served by detaining the Petitioner in custody any longer.
Learned State counsel has opposed the prayer for bail on the ground that the Petitioner was declared a proclaimed offender and could be arrested only on 13th September, 2010. He, however, submits that in case the Petitioner is to be enlarged on bail, same should be subject to stringent conditions.
Heard.
Keeping in view the facts and circumstances of the case and the period of incarceration of the Petitioner, I am of the considered view that no useful purpose will be served by detaining the Petitioner in custody any longer. The trial may take long time to conclude. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the Petitioner is directed to be released on bail to the satisfaction of Chief Judicial Mddaagistrate/ Duty Magistrate, Ferozepur. This, however, shall be subject to heavy surety and/or any other condition which the trial court may deem fit to impose.
