Jatinder Singh @ Jindi vs State Of Punjab

Mahabir Singh Sindhu, J

Third petition has been filed under Section 439 of the Code of Criminal Procedure (for short 'Cr.P.C.') for grant of bail pending trial to the petitioner in

FIR No.0145 dated 10.10.2017 (P-1), under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station

Balachour, District Shaheed Bhagat Singh Nagar, Punjab.

As per the prosecution case, recovery of alleged contraband i.e. 372 grams intoxicating powder, 03 injections without label as well as 04 syringes of 2

ml. make Dispovan was effected from the possession of co-accused, namely, Gurjinder Singh @ Ginda.

Contends that petitioner is in custody since 24.03.2019 and after investigation in the matter, challan was presented on 20.03.2020. Also contends that

charges have also been framed on 10.04.2020, but no prosecution witness has been examined till date. Further contends that there is no recovery

alleged against the petitioner and even co-accused, namely, Amarjit Singh @ Jeeta has also been granted the concession of bail pending trial by this

Court, vide order dated 03.10.2019 (P-4). Lastly contends that there is no other criminal case pending against the petitioner.

The above factual position is duly acknowledged by learned State Counsel, on instructions from the police official concerned, but opposed the bail

application.

Heard learned Counsel for the parties and perused the paper- book.

Since petitioner is in custody for the last more than one year; no recovery has been effected from him either at the time of occurrence or during

investigation; prosecution evidence is yet to be started and co-accused of the petitioner has already been granted the concession of bail pending trial

by this Court, therefore, there is no justification to prolong the incarceration of the petitioner. Consequently, without expressing any opinion on the

merits of the case, the present petition is allowed. Petitioner be admitted to bail on his furnishing bail bonds and surety bonds to the satisfaction of

learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

Petitioner shall fully co-operate with the learned trial Court and shall not unnecessarily delay the proceedings in any manner.

The above observations may not be construed as an expression of opinion on the merits of the case.

It is clarified that in case there is any recurrence on the part of the petitioner, State of Punjab would be at liberty to move an appropriate application

for recalling of this order.