ORDER : 1. Leave granted. 2. This appeal challenges the judgment and order dated 06.09.2024 passed by the High Court of Punjab & Haryana at Chandigarh in CRM-M No. 43109 of 2024. 3. The appellant has been facing trial in connection with a crime registered pursuant to FIR No. 16 of 2020 dated 01.02.2020 lodged with Police Station Tanda, Hoshiarpur (Punjab), in respect of offences punishable under Sections 15 and 22 of Narcotics Drugs and Psychotropic Substances Act, 1985. 4. An application seeking regular bail having been rejected by the High Court vide impugned order dated 06.09.2024, the appellant has preferred the instant appeal. 5. This Court vide its order dated 02.12.2024, issued notice in the instant matter. 6. Heard learned counsel for the appellant in support of the appeal and learned counsel for the respondent-State and perused the material on record. 7. Learned counsel for the appellant submitted that the co-accused has been granted bail, but the appellant herein has been in jail for around twenty months and in the circumstances, the impugned order may be set aside and the appeal may be allowed. 8. Per contra, learned counsel for the respondent-State, with reference to his counter affidavit, contended that there is no merit in this appeal and that in fact the appellant was declared a Proclaimed Offender; he was an absconder and thereafter he surrendered. That the trial is at advanced stage and statements under Section 313 CrPC have to be recorded. Therefore, there is no merit in this appeal. 9. Considering the facts on record, in our view, the case for bail is made out. 10. We, therefore, allow this appeal and direct as under: “The appellant shall be produced before the concerned Trial Court as early as possible and the Trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of FIR No. 16 of 2020 mentioned above having regard to the fact that the appellant was earlier declared proclaimed offender as he was absconding.” 11. It is directed that the appellant shall extend complete cooperation in the trial of the instant case. The appellant shall not misuse his liberty in any manner. 12. Any infraction of the conditions shall entail cancellation of bail granted to the appellant. 13. With these observations, the appeal is allowed. 14.
It is directed that the appellant shall extend complete cooperation in the trial of the instant case. The appellant shall not misuse his liberty in any manner. 12. Any infraction of the conditions shall entail cancellation of bail granted to the appellant. 13. With these observations, the appeal is allowed. 14. Pending application(s), if any, shall stand disposed of.