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2018 DIGILAW 1796 (PNJ)

Sukhmander Singh @ Mukhi @ Suklhi v. State of Punjab

2018-04-19

MAHABIR SINGH SINDHU

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JUDGMENT : MAHABIR SINGH SINDHU, J. 1. This petition has been filed by the petitioner under Section 439 of the Criminal Procedure Code ('Cr.P.C.' - for short) for grant of regular bail in FIR No.196 dated 18.11.2015 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS' – for short) registered at Police Station City South Moga, District Moga. 2. It is contended by learned counsel for the petitioner that initially he was arrested on 18.11.2015, but later on he was released on interim bail by the trial Court on 10.3.2016 till the receipt of report from the Forensic Science Laboratory ('FSL'–for short) and thereafter he was again sent to jail on 14.9.2017 and since then he is in custody. It is further contended that out of total nine prosecution witnesses, only one has been examined. 3. On the other hand learned State counsel has opposed the bail application and prayed for dismissal of the same. 4. Heard both side and perused the paper-book. 5. There is no dispute that initially the petitioner was granted interim bail by learned trial Court and never misused the concession of the same. There is also no dispute that out of nine prosecution witnesses only one has been examined and as such, the conclusion of trial is likely to take a long time. Hence, no useful purpose would be served by keeping the petitioner behind the bars any more. Therefore, in view of the abovesaid circumstances, without expressing any opinion on the merits of the case, this petition is accepted. Petitioner-Sukhmander Singh @ Mukhi @ Sukhi be admitted to bail on her furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate. 6. It is made clear that petitioner will fully co-operate during the proceedings before learned Trial Court and will not seek any unnecessary adjournment.