Gurwinder Singh Alias Babbu vs State Of Punjab
2023 Latest Caselaw 12134 P&H

            CRM-M-3528-2023                             1             2023:PHHC:101952


            212-2              IN THE HIGH COURT OF PUNJAB AND HARYANA
                                          AT CHANDIGARH

                                                                    CRM-M-3528-2023
                                                                    Date of decision: 07.08.2023

            Gurvinder Singh @ Babu                                                ...Petitioner
                                                      Versus
            State of Punjab                                                       ...Respondent
            CORAM: HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

            Present:           Mr. Sumeet Singh Brar, Advocate
                               for the petitioner.

                               Mr. Jaspal Singh Guru, AAG, Punjab.

                     ***
            RAJBIR SEHRAWAT, J. (ORAL)

1. The present petition has been filed by the petitioner under Section

439 Cr.PC. seeking bail pending trial in case FIR No.124 dated 23.10.2021

under Sections 22(c) of the NDPS Act, 1985, registered at Police Station Maur,

District Bathinda, Punjab (Annexure P-1).

2. It is submitted by the counsel for the petitioner that the case

against the petitioner is totally concocted and fabricated. Petitioner is in

custody since 23.10.2021. There are 22 prosecution witnesses and only 01 has

been examined. There is no other case pending against the petitioner. Counsel

for the petitioner has relied upon a judgment of the Hon'ble Supreme Court

passed in 2023 AIR (SC) 1648 Mohd. Muslim @ Hussain Vs. State (NCT of

Delhi) to contend that the petitioner deserves to be released on bail pending

trial.

3. On the other hand, learned State counsel, being instructed by ASI

Vijay Kumar, submits that the petitioner is involved in a serious offence as

there is a huge recovery of contraband from the petitioner. However, it is not

disputed that there is no other case pending against the petitioner; and it is also Parveen Kumar 2023.08.08 16:05 I attest to the accuracy and integrity of this document CRM-M-3528-2023 2 2023:PHHC:101952

not disputed that out of total 22 prosecution witnesses, only 01 has been

examined so far. The petitioner is in custody since 23.10.2021 and the

petitioner is not required for any further investigation.

4. In view of the above, but without expressing any further opinion

on the merits of the case, the present petition is allowed. The petitioner is

ordered to be released on bail pending trial subject to his furnishing bail

bonds/surety to the satisfaction of the trial Court/Duty Magistrate, concerned.

                                                                         (RAJBIR SEHRAWAT)
            07.08.2023                                                         JUDGE
            Parveen kumar


                                     Whether speaking/reasoned :Yes/No
                                     Whether reportable        :Yes/No




Parveen Kumar
2023.08.08 16:05
I attest to the accuracy and
integrity of this document