IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-28282 of 2009 Date of Decision:- 19.11.2009 Avtar Singh ....Petitioner(s) vs. State of Punjab ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.B.S.Bali, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioner contends that the petitioner is in custody since 12.1.2009. He contends that the allegations against the petitioner are that he was driving the vehicle with a red beacon atop from which 60 Kgs. of poppy husk had been recovered. He contends that apart from the petitioner, there were two other persons in the said vehicle. His contention is that there are 11 prosecution witnesses which have to be examined as per the list provided by the prosecution but not even a single witness has been examined till date. One of the co-accused, namely, Paramjit Singh had been granted bail by this Court vide order dated 25.9.2009 passed in Crl.Misc.No.M-14458 of 2009. On the basis of the said grant of bail to the co-accused, counsel prays that the same relief be also extended to the petitioner. Counsel for the State opposes the prayer of the petitioner in the present petition on the ground that the petitioner was the driver of the vehicle and he had borrowed the said vehicle from its owner, namely, Crl.Misc.No.M-28282 of 2009 -2- Pardeep Kumar and misused the same for carrying poppy husk. His further contention is that his case is different from that of co-accused Paramjit Singh and, therefore, the benefit of bail should not be granted to him. I have heard counsel for the parties and gone through the records of the case. As per the FIR, recovery which has been effected from the vehicle, is from all the three persons which is of 60 Kgs. of poppy husk. The petitioner although was the driver of the vehicle but keeping in view the fact that he is in custody since 12.1.2009 and till date not even a single witness has been examined, although 11 prosecution witnesses have been cited and further that the trial is not likely to conclude soon, therefore, keeping in view the facts and circumstances of the case as also the fact that the petitioner's co-accused Paramjit Singh has since been granted bail by this Court vide order dated 25.9.2009, the present petition is allowed. The petitioner is directed to be released on bail to the satisfaction of the trial Court. Any observation made herein-above shall have no bearing on the merits of the case pending before the trial Court. November 19, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE