Soni Singh vs State Of Punjab on 20 February, 2024

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Punjab-Haryana High Court

Soni Singh vs State Of Punjab on 20 February, 2024

Author: Mahabir Singh Sindhu

Bench: Mahabir Singh Sindhu

                                                             Neutral Citation No:=2024:PHHC:023712



CRM M-55301 of 2023                                  Neutral Citation No.2024:PHHC:023712


237(2)
         IN THE HIGH COURT OF PUNJAB & HARYANA AT
                          CHANDIGARH

                                            CRM M-55301-2023 (O&M)
                                            Date of Decision: 20.02.2024

Soni Singh                                                          .......Petitioner

                                    Versus

State of Punjab                                                     ........Respondent

CORAM: HON’BLE MR.JUSTICE MAHABIR SINGH SINDHU

Present: Mr. J.S. Sandhu, Advocate,
for the petitioner.

Ms. Manjot Kaur, AAG, Punjab
assisted by ASI Karan Singh.

MAHABIR SINGH SINDHU. J.

Present petition has been filed under Section 439 Cr.P.C seeking

bail pending trial in FIR No.335 dated 20.07.2023 registered under Sections

22& 29 of Narcotic Drugs & Psychotropic Substances Act, 1985 at Police

Station, City Barnala, District Barnala.

2. Allegations are that petitioner co-accused Rani Kaur & Usha Rani

was found in possession of 710 tablets of Alprazolam & 245 tablets of

Tramadol Hydrochloride.

3. This Court, on 09.11.2023, granted interim bail to the petitioner in

the following order:-

“Contends that recovery against the petitioner is alleged to
be 955 tablets of Alprazolam & Tramadol Hydrochloride which is
non-commercial in nature. After investigation, challan stands
presented and charges have also been framed.

Learned State counsel seeks time to verify the above factual
position.

Posted on 22.01.2024.

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Neutral Citation No:=2024:PHHC:023712

CRM M-55301 of 2023 Neutral Citation No.2024:PHHC:023712

In the meantime, petitioner is ordered to be released on
interim bail on his furnishing bail bonds and surety bonds to the
satisfaction of learned trial Court/Duty Magistrate concerned.”

4. Learned counsel submits that petitioner was granted interim bail by

this Court on 09.11.2023 and since then, he is regularly appearing before the

learned trial Court. Also contends that there is no misuse of concession by the

petitioner.

5. Learned State counsel, upon instructions, has fairly acknowledged

the above factual position.

6. Heard learned State counsel and perused the paper book.

7. Petitioner has already been granted interim bail by this Court and

he is regularly appearing before the learned trial Court. There is no allegation

that he is likely to misuse the concession of bail or hamper the proceedings in

any manner, in case his interim bail is made absolute. Thus sending the

petitioner to custody at this stage would not serve any purpose.

8. Consequently, the present petition is allowed. Interim bail granted

to the petitioner, vide order dated 09.11.2023, is made absolute. He shall be

admitted to bail on furnishing bail/surety bonds to the satisfaction of learned

trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

9. Petitioner shall fully co-operate with the learned trial Court

without seeking any unnecessary adjournment(s).

10. The above observations be not construed as an expression of

opinion on the merits of the case.

11. It is clarified that in case there is any misuse of concession of bail

on the part of the petitioner, State of Punjab would be at liberty to move an

appropriate application for recalling of this order. Also clarified that non-

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CRM M-55301 of 2023 Neutral Citation No.2024:PHHC:023712

appearance of petitioner before learned trial Court shall be construed as misuse

of the concession.

12. Pending criminal misc. application(s), if any, shall also stand

disposed off.



20.02.2024                                        (MAHABIR SINGH SINDHU)
SN                                                       JUDGE
      Whether speaking/reasoned : Yes/No
      Whether Reportable:         Yes/No




Neutral Citation No:=2024:PHHC:023712
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