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2021 DIGILAW 1598 (PNJ)

Faizan v. State of Punjab

2021-08-17

FATEH DEEP SINGH

body2021
Judgment Mr. Fateh Deep Singh, J. (Oral):- The matter has been taken up through Videoconferencing on account of outbreak of pandemic COVID-19. 2.The allegations against the petitioner in this third regular bail application filed under Section 439 Cr.P.C. in case FIR No. 125 dated 27.11.2019, under section 22 NDPS Act, 1985, Police Station STF Phase-4, Mohali have been levelled by ASI Jasbir Singh. It is alleged that on 27.11.2019, the police accosted two accused coming on foot who threw their respective plastic bags and tried to run away and was subsequently apprehended. From the bag thrown by accused-petitioner Faizan, 4995 tablets of Alprazolam were recovered. 3.Mr. Ashdeep Singh, learned counsel for the petitioner inter-alia contends that the petitioner is behind the bars for more than 01 year, 08 months and 20 days and that the trial is yet to be accomplished. 4.Mr. B.S. Sewak, Addl. AG, Punjab though does not displaces the facts but has strongly opposed the grant of bail on the grounds of heinousness of offence though accepts the fact that the petitioner is not facing any similar case under the NDPS Act. 5.Keeping in view the period of incarceration undergone, the debatable issue as to whether the alleged contraband was got recovered from the conscious possession of the petitioner which can only be determined at the trial. Further-more keeping in view the prevalent COVID-19, there are efforts by the authorities to decongest the jails and in similar situation, this Court in the cases of CRM-M-16336-2020 (O&M) decided on 29.7.2020, titled as Sanjay Kumar versus State of Punjab; CRM-M-15530-2020 (O&M) decided on 24.7.2020, titled as Sagar Arora versus State of Punjab; CRM-M-19285-2020 decided on 6.8.2020 titled as Taranjit Singh @ Tarni versus State of Punjab; CRM-M-46318-2019 decided on 17.12.2019 titled as Jagsir Singh @ Seera versus State of Punjab and CRM-M-16824-2020 decided on 30.6.2020, titled as Raj Kumar versus Narcotic Control Bureau, Chandigarh has allowed bail and thus, in the light of principle of parity, impels this Court to grant similar relief to the petitioner especially in view of the fact that there is no other similar case is pending against the petitioner. Accordingly, he is ordered to be released on regular bail on furnishing two sureties of Rs 1 lac each to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, concerned 6.The present petition stands disposed off accordingly.