High CourtsSingle Bench

Harpal Singh @ Pali vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 4 February 2021 · Citation: (2021) 02 P&H CK 0035

HON’BLE JUDGES
Arvind Singh Sangwan, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotroic Substantes Act, 1985 — Section 22, 29, 61, 85
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 9965 Of 2020 (O&M)
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

15 paragraphs · 261 words

Arvind Singh Sangwan, J

In view of the resolution of the Bar, the Lawyers are abstaining from work.

Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR

No.20 dated 06.04.2019, for offence punishable under Sections 22/29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short

‘the NDPS Act’) registered at Police Station Rureke Kalan, District Barnala.

Custody Certificate received through e-mail is taken on record.

As per the Custody Certificate, the petitioner â€" Harpal Singh has undergone 01 year, 09 months and 25 days.

Though, it is noticed in the last order that the co-accused Mora Kaur, stands convicted in another FIR, however, there is no other FIR pending against

the petitioner under the NDPS Act.

Without commenting anything on merits of the case, considering the fact that the petitioner has undergone about 01 year and 10 months of judicial

custody; the case, before the trial Court, is still at the stage of recording the prosecution evidence and the conclusion of the trial will take some time

due to COVID-19 situation, this petition is partly allowed and the petitioner is directed to be released on interim bail till 31.05.2021 subject to his

furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, the trial Court, after assessing the situation, if the trial has not started in ordinary course and the evidence is recorded, may cancel or may

continue the interim bail granted to the petitioner till further orders.