Sarwan Singh vs State Of Punjab

JUDGMENTTAG-JUDGMENT

Arvind Singh Sangwan, J

This common order shall dispose of above noted two petitions as they arise out of the same FIR.

Prayer in these petitions, filed under Section 439 of the Code of Criminal Procedure, is for grant of regular bail to petitioners Sarwan Singh and

Sukhwinder Singh @ Kinder in case FIR No. 77 dated 18.08.2019, registered under Sections 21/25/27/29 of the NDPS Act, 1985 at Police Station

Special Task Force (STF), Punjab, District STF Wing, Mohali. Learned counsel for the petitioners have argued that as per the allegations in the FIR,

both the petitioners were found in separate possession of 300 Grams of Heroin.

Learned counsel for the petitioners further argued that co-accused Iqbal Singh, who was nominated subsequently on the disclosure of other accused

who were arrested at the spot, has been granted concession of anticipatory bail by this Court, vide order dated 01.11.2019 passed in

CRM-M-45778-2019.

It is further submitted that another co-accused, namely Dalwinder Singh @ Gora, has been granted concession of regular bail by this Court, vide order

dated 24.02.2020 passed in CRM-M-7098-2020.

Learned counsel for the petitioners have further argued that both the petitioners are in judicial custody for the last about 01 year and 03 months;

challan stands presented on 13.07.2020; charges were framed on 20.07.2020; out of total 15 prosecution witnesses, none has been examined so far

and in view of COVID-19 situation, the conclusion of trial is likely to take a long time.

Learned counsel, appearing for petitioner Sarwan Singh, has additionally argued that Medical Officer, Central Jail, Amritsar, on 20.10.2020, has given

a certificate to the Superintendent regarding health condition of the petitioner that he is a known case of Coronary Artery disease with Acute

Coronary Syndrome, NSTE Myocardial information. It is further stated that he was admitted in PGIMER, Chandigarh, where stunting was done for

his heart. It is also reported that for the last three months, he has frequent chest pain with numbness on the left side and due to the fact that OPDs are

not in operation in Govt. hospitals, the petitioner may be allowed to undergo his treatment from a private hospital keeping in view his deteriorating

health conditions.

Learned State counsel has not disputed the factual position but opposed the bail.

I have heard learned counsel for the parties.

Without commenting upon the merits of the case, considering the aforesaid submissions of learned counsel for the parties, the instant petitions are

allowed and petitioners Sarwan Singh and Sukhwinder Singh @ Kinder are ordered to be released on regular bail on their furnishing bail/surety bonds

to the satisfaction of the trial Court/Illaqa Magistrate concerned.

A photocopy of this order be placed on the file of other connected case.