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Sukhpal Singh @ Sukhi vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 27 January 2021 · Citation: (2021) 01 P&H CK 0346

HON’BLE JUDGES
Arvind Singh Sangwan, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotroic Substantes Act, 1985 — Section 22
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 32094 Of 2020 (O&M)
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Judgment

18 paragraphs · 297 words

Arvind Singh Sangwan, J

CRM-25265-2020

Heard.

Allowed as prayed for.

CRM-M-32094-2020

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.34 dated 07.04.2019, for offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘the

NDPS Act’) registered at Police Station Khanauri, District Sangrur.

Counsel for the petitioner has submitted that the petitioner is not involved in any other case and he is in custody for the last 01 year and 09 months and

18 days. It is thus, submitted that due to COVID-19 situation and considering the long custody of the petitioner, he may be released on interim bail.

Counsel for the State has filed the Custody Certificate today in the Court and as per the Custody Certificate, the petitioner is in custody for the last 01

year and 09 months and 18 days.

After hearing the counsel for the parties, without commenting anything on merits of the case and considering the fact that the petitioner is in custody

for the last 01 year and 06 months; he is not involved in any other case under the NDPS Act; the custodial interrogation of the petitioner is not

required and the conclusion of the trial will take some time due to COVID-19 situation, this petition is partly allowed and the petitioner is directed to be

released on interim bail till 31.05.2021 subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, the trial Court, after assessing the situation, if the trial has not started in ordinary course and the evidence is recorded, may cancel or may

continue the interim bail granted to the petitioner till further orders.