Mandeep Kumar @ Deep vs State of Punjab

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.127 dated 28.06.2017, for offence punishable under Section 22 of the Narcotic Drug and Psychotropic Substances Act, 1985 (in short 'the NDPS

Act'), registered at Police Station Maqsudan, Jalandhar, District Jalandhar.

Counsel for the petitioner has submitted that on 16.08.2018, while granting regular bail to the co-accused of the petitioner namely Paramjit Singh @

Sandhi, in CRM-M No.1004 of 2018, the following order was passed by this Court:-

 “….Counsel for the petitioner has submitted that the petitioner is not involved in any other case and he is in custody since 29.06.2017 and the

case is still at the stage of recording the statement of prosecution witnesses.

Counsel for the State, on the basis of the earlier Custody Certificate dated 31.01.2018 has not disputed the fact that the petitioner is in custody for the

last about 01 year, 01 month and 16 days.

Counsel for the State, on instructions from ASI Kulbir SIngh, has further submitted that 07 prosecution witnesses have already been examined and still

04 PWs are yet to be examined. It is also submitted that one of the co-accused namely Mandeep @ Deep has been granted the concession of regular

bail by the trial Court whereas one another accused namely Happy is absconding from the process of law.

Without commenting anything on merits of the case and considering the fact that the petitioner is not involved in any other case; the petitioner is in

custody for the last more than 01 year and 01 month and the case is still at the stage of prosecution evidence, this petition is allowed and the petitioner

is ordered to be released on bail subject to his furnishing bail bonds/ surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty

Magistrate....â€​

Counsel for the petitioner has further submitted that the petitioner is in custody since 29.06.2018 and conclusion of the trial will take some time.

Counsel for the State on the basis of the Custody Certificate dated 03.09.2018 has submitted that the petitioner is not involved in any other case.

Counsel for the State, on instructions from ASI Gurmej Singh, has also submitted that out of 11 prosecution witnesses, 07 PWs have already been

examined.

Without commenting anything on merits of the case, considering the fact that the petitioner is not involved in any other case; 07 PWs have already

been examined out of 11 prosecution witnesses and conclusion of the trial is likely to take some time, this petition is allowed and the petitioner is

directed to be released on bail subject to his furnishing bail/surety bonds, to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing

the concession of bail, in any manner.