High CourtsSingle Bench(2018) 04 P&H CK 0142

Naresh Kumar @ Hussna vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 5 April 2018

HON’BLE JUDGES
Raj Mohan Singh, J
RESULT
Allowed
CASE NUMBER
CRM-M No.9752 of 2018

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Judgment

16 paragraphs · 271 words

RAJ MOHAN SINGH, J. (ORAL)

Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.193 dated 23.12.2015, registered under Sections 21, 61 and 85

of the NDPS Act at Police Station Garshankar, District Hoshiarpur.

FIR was registered against the petitioner and co-accused Amrit Lal @ Babbal. Petitioner allegedly fled away from the spot and his particulars came

to be disclosed by the co-accused Amrit Lal @ Babbal, who was granted bail by the trial Court. However, due to his absence on 07.02.2018, his bail

was cancelled and bail bonds/surety bonds were forfeited to the State.

In CRM-M No.7353 of 2018 filed by the co-accused Amrit Lal @ Babbal, interim bail granted to him by this Court has been confirmed vide order of

even date i.e. 05.04.2018.

Petitioner remained away from the jurisdiction of the Court and was declared to be a proclaimed offender. Thereafter he surrendered before the trial

Court on 02.01.2018 and now prays for the grant of regular bail on parity with co-accused Amrit Lal @ Babbal.

The statement of above said facts has not been denied by the learned State counsel on instructions from ASI Mohinder Singh.

At this stage, without adverting to the merits of the case, I deem it appropriate to enlarge the petitioner on regular bail, who is in custody since

02.01.2018.

In view of above, petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing adequate bail bonds/surety bonds to the

satisfaction of the trial Court.

Nothing expressed hereinabove would be construed to be an expression of any opinion on merits of the case.