Barinder Singh Alias Ballu vs State Of Punjab
2024 Latest Caselaw 17532 P&H

Punjab-Haryana High Court

Barinder Singh Alias Ballu vs State Of Punjab on 20 September, 2024

                                       Neutral Citation No:=2024:PHHC:124770
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    M No.32757 of 2024 (O&M)

              IN THE HIGH COURT OF PUNJAB AND HARYANA
                           AT CHANDIGARH

251

                                        CRM-M M No.32757 of 2024 (O&M)
                                        Date of Decision: 20.09.2024

BARINDER SINGH ALIAS BALLU                     ......
                                               ......Petitioner

         Vs
STATE OF PUNJAB                                ....Respondent

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ
                                   MANUJA

Present:      Mr. Raghav Chadha, Advocate
              for the petitioner.

              Mr. Siddharth Sandhu, Asstt. A.G., Punjab.
            ****
HARKESH MANUJA, J. (Oral)

1. By way of present petition filed under Section 439 Cr.P.C., prayer has

been made for grant of regular bail to the petitioner in case bearing FIR No. No.192

dated 14.11.2023 registered under Sections 22, 61 and 85 of the NDPS Act, 1985

(Section 29 of the NDPS Act added later on vide GD Entry No.21 dated

15.11.2023) at Police Station Garshankar, District Hoshiarpur Hoshiarpur, wherein rein the

petitioner was implicated against the allegations of recovery of 185 grams of

Tramadol powder.

2. The prayer made on behalf of the petitioner has been opposed by

learned State counsel while referring to the antecedents of the petitioner, who is

involved in two more cases of the NDPS Act.

3. I have heard learned counsel for the parties and gone through the

paper book. I find substance in the submissions made by learned counsel for the

petitioner.

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Neutral Citation No:=2024:PHHC:124770

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4. In the present case, the investigation alrea already dy stands concluded with

the filing of challan.

challan However, charges are yet to be framed. Petitioner is behind

the bars for a period of almost 08 months and the trial is likely to take some time in

its culmination. As regards involvement of petitioner in two more cases, in one he

stands acquitted vide judgment dated 13.11.2019 passed by the Judge Special

Court, Shaheed Bhagat Singh Nagar whereas in other FIR No.49 dated 18.04.2013,

he is facing trial for the past almost 11 years.

5. In such circumstances, the recovery in the present case being non-

non

commercial,, I do not find any justification to extend the incarceration of the

petitioner.

6. Accordingly, without expressing any opinion on the merits of the

case, the present petition is allowed and the petitione petitionerr is ordered to be released on

bail, subject to his furnishing adequate bail bonds and surety bonds to the

satisfaction of the concerned Trial Court/Duty Magistrate.

7. It is made clear that this order may not be construed as expression of

an opinion on the he merits of the case.

(HARKESH MANUJA) September 20,, 2024 202 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No

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