Harpreet Singh @ Ricky vs State Of Punjab

Hari Pal Verma, J

The matter has been taken up for hearing through video conferencing due to outbreak of COVID-19.

CRM-25890-2020

Prayer in this application filed under Section 482 Cr.PC is for exemption from filing the physical vakalatnama.

Prayer for exemption of filing the physical vakalatnama on account of COVID-19 is accepted with the condition that the petitioner shall file the

required document within a period of one month when the situation becomes normal from the COVID-19 effect.

Application stands disposed of.

CRM-M-33128-2020

Prayer in this petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.57 dated 12.04.2020 under Sections 21/25

of the NDPS Act, 1985 and Section 188 IPC, registered at Police Station Dakha, District Ludhiana.

Learned counsel for the petitioner has argued that the petitioner is in custody since 14.04.2020. He submits that other co-accused Swaranjeet Singh @

Sunny and Jaspreet Singh @ Jassi have been admitted on bail by this Court vide order dated 18.11.2020 passed in CRM-M-15944-2020(Swaranjeet

Singh @ Sunny Versus State of Punjab) and CRM-M-25758-2020(Jaspreet Singh @ Jassi Versus State of Punjab), respectively. Though, there is

another case against the petitioner i.e. FIR No.75 dated 19.04.2015 under Sections 22/25/61/85 NPDS Act, Police Station Jagraon, Ludhiana, but it

being a small quantity, offence is triable by the Magistrate. Otherwise, petitioner is on bail in that case.

Learned State Counsel, on instructions from ASI Gursewak Singh, does not dispute the custody of the petitioner. However, he submits that since the

petitioner was found involved in another case under the NDPS Act, he is not entitled for bail. Petitioner was owner and driver of the car, from where

the contraband was recovered in the case.

Heard learned counsel for the parties.

Petitioner is in custody since 14.04.2020. Co-accused Swaranjeet Singh @ Sunny and Jaspreet Singh @ Jassi have been admitted on bail by this Court

vide order dated 18.11.2020. Though, there is another case against the petitioner, but it being a small quantity and the offence is triable by the

Magistrate, he is on bail in that case. Moreover, in view of COVID-19 pandemic, conclusion of trial will take sufficient long time. Thus, this Court

deems it appropriate to admit the petitioner on bail.

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

the satisfaction of trial Court/Duty Magistrate.

However, it is made clear that the observations made hereinabove shall not be construed as an expression on the merits of the case and the trial Court

shall proceed with the trial independently without being influenced by the order of bail passed by this Court.

It is made clear that in case the petitioner is found indulged in any other case under the NDPS Act henceforth, the prosecution shall be at liberty to

seek cancellation of his bail in the present case.