Baljinder Singh @ Baba vs State of Punjab

Prayer in this petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.57 dated 26.05.2014 under Sections

21, 22, 29, 61 and 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Subhanpur, District Kapurthala.

As per FIR, 320 gms. heroine along with Rs.2 lacs were stated to be recovered from co-accused Dalbir Singh @ Sardari, who in his disclosure

statement named the present petitioner as an accused.

Learned counsel for the petitioner has argued that apart from the fact that co-accused Dalbir Singh @ Sardari is on bail, even the petitioner was also

admitted on bail by the trial Court, but he being absent on 15.07.2017, P.O. Proceedings were initiated against him and accordingly, he was arrested by

the police on 24.04.2018. The petitioner who was otherwise on bail could not appear before the trial Court because of his illness. He is a patient of

Hepatitis 'C' and there is no other case against him under the NPDS Act.

Learned State Counsel on instructions from ASI Prem Singh has filed the custody certificate as well as short affidavit of Sh. Rajiv Kumar Arora,

Deputy Superintendent, Central Jail, Amritsar, on behalf of respondent-State along with the report of Senior Medical Officer, Central Jail Amritsar

(Annexure R-1), which are taken on record. As per custody certificate, there is no other case pending against the petitioner under the NDPS Act.

However, learned State Counsel has argued that since the petitioner absented himself from the court proceedings, he was declared proclaimed

offender on 04.04.2018 and even thereafter instead of surrendering before the trial Court, he was arrested in the case.

I have heard learned counsel for the parties.

The fact that the petitioner was admitted on bail by the trial Court and absented on 15.07.2017 is not in dispute. The Medical Officer has stated that

the petitioner was examined by the medical specialist and various lab tests were conducted. Viral marker also done and the petitioner has been

diagnosed as a case of Hepatitis 'C' positive. He has also been found a known case of heroine addict for which he has been advised psychiatric

opinion.

Considering the fact that the petitioner is a patient of Hepatitis 'C' positive and he is in custody since 24.04.2018, this Court finds that trial in the case

may take long time, as only charges have been framed in the case and none of the prosecution witnesses have been examined so far, I deem it

appropriate to admit him on bail.

Accordingly, the present petition is allowed and the petitioner is admitted on regular bail, subject to furnishing of his bail bonds/surety bonds to the

satisfaction of the trial Court.

The petitioner shall submit an undertaking to the effect that he shall not absent in the proceedings before the trial Court.