Mangat Ram vs State of Punjab

The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short " Cr.P.C .") in FIR No.36 dated 6.5.2015 for offence punishable under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Mukandpura, District SBS Nagar, Punjab.

Counsel for the petitioner has submitted that the petitioner was apprehended on the basis of some suspicion and later on, the present FIR was registered. It is further submitted that the petitioner has undergone 1 year, 9 months and 18 days of actual sentence during the pendency of the trial and the case is still at the stage of examination of prosecution witnesses as only three PWs have been examined so far. It is also submitted that there is no other FIR pending against the petitioner under the NDPS Act and the conclusion of trial would take long time.

Counsel for the State, on instructions from ASI Sukhpal Singh, has not disputed the factual position. As per the custody certificate dated 8.8.2017 filed in the Court, the petitioner is not involved in any other FIR and has undergone 1 year, 9 months and 18 days of actual sentence.

Without commenting on the merits of the case and considering the fact that the petitioner has undergone about 1 year and 9 months of sentence; only 3 witnesses out of 11 have been examined so far, the trial of the case will take long time to be concluded and in view of the fact that the petitioner is not involved in any other FIR, the petitioner is ordered to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of trial Court.

The petition stands disposed of.