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Judgment
7 paragraphs · 361 wordsAnupinder Singh Grewal, J
Case taken up through video conferencing.
The petitioner is seeking regular bail in FIR No.128 dated 09.10.2020, under Sections 21/25/29 of the NDPS Act, 1985, registered at Police Station STF Border Range, District Amritsar.
Learned counsel for the petitioner contends that the petitioner has not been named in the FIR and has been arraigned as an accused on the statement of co-accused. No recovery has been effected from the petitioner even after his arrest in this case. The petitioner, who is in custody for about 05 months, is also suffering from diabetes and hyper tension. He has referred to the copies of the medical record (Annexures P-3 to P-5) from the Government Medical College, Guru Nanak Dev Hospital, Amritsar and the Jail Hospital, Amritsar wherein it is mentioned that random blood sugar was 460 and his HBAIC was 12.7, which is much above the permissible limits. Annexure P-4 reveals that blood pressure of the petitioner was 160/110.
Learned State counsel upon instructions from ASI Baljinder Singh states that the petitioner is involved in three other cases under the NDPS Act. He also contends that the challan has been filed but charges are yet to be framed. He has filed custody certificate which indicates that the petitioner is in custody for 04 months and 20 days. He, however, is not in a position to controvert the submissions made by the counsel for the petitioner that no recovery has been effected from the petitioner and that he is suffering from diabetes and hyper tension.
In view of the above, especially when no recovery has been effected from the petitioner, he has been arraigned as an accused on the statement of co-accused, he is suffering from diabetes and hyper tension, Covid 19 pandemic and the conclusion of the trial is likely to take some time, I deem it a fit case to grant the concession of regular bail to the petitioner.
Therefore, without expressing any opinion on the merits of the case, the petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.