CRM-M- No. 10828 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M- No. 10828 of 2011 (O&M) Date of Decision : May 9, 2011 Sukhdev Singh @ Sukha @ Attku ...... Petitioner Versus State of Punjab ...... Respondent **** CORAM : HON'BLE MR. JUSTICE ALOK SINGH 1. Whether reporters of local news papers may be allowed to see judgement ? 2. To be referred to reporters or not ? 3. Whether the judgement should be reported in the Digest ? Present : Mr. Baljinder Singh, Advocate for Mr. K.S. Dhaliwal, Advocate, for the petitioner. Ms. Bhawana Gupta, DAG, Punjab. **** Alok Singh, J (Oral) This is an application seeking bail in FIR No.74 dated 26.6.2009, under Sections 15/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Bhadson, District Patiala. Learned counsel for the petitioner states that this Court vide order dated 28.3.2011 has enlarged co-accused Surinder Singh @ Shinda on bail having observed as under :- CRM-M- No. 10828 of 2011 (O&M) 2 “Record reveals that petitioner is in judicial custody w.e.f. 26.6.2009 for an offence punishable under Section 15 NDPS Act. Record further reveals that challan was submitted by the police on 15.9.2009. Status report was called from the learned trial Court vide order dated 28.2.2011. Learned trial Court has reported that on 14.7.2010 and 4.8.2010 no prosecution witness was present; on 25.8.2010 three witnesses were given up by the prosecution and case was adjourned to 16.9.2010; on 16.9.2010 summons were received back unserved and case was adjourned to 7.10.2010; on 7.10.2010 no prosecution witness was present and again case was adjourned to 3.11.2010; on 3.11.2010 SI Gurinder Singh was not present despite service of summons; on 25.11.2010 accused were not produced from the jail and case was adjourned for 6.1.2011; on 6.1.2011 SI Sarabjit Singh sent a request for exemption on the ground of illness, however, no other witness was present and case was adjourned for 27.1.2011; on 27.1.2011 again no prosecution witness was present and case was adjourned for 21.2.2011; on 21.2.2011 ASI Narinder Singh sent a request for exemption on the ground of illness and summons sent to DSP Arshdeep Singh were received back with the report that he was deputed on VIP duty, therefore, case was adjourned for 14.3.2011; again on 14.3.2011 no prosecution witness was examined since request from ASI Narinder Singh was received seeking exemption on the ground that he was deputed on VIP duty. Hon'ble Apex Court in the matter of State of Kerala Vs. Raneef, 2011(1) RCR (Criminal) 381 has observed that in the event of rejection of the bail application, time spent in the jail CRM-M- No. 10828 of 2011 (O&M) 3 during the trial cannot be restored to the accused in the event of acquittal of the accused by the trial Court, therefore, if trial is not likely to be concluded in the near future for no fault of the accused, bail can be granted.” Ms. Bhawana Gupta, Deputy Advocate General, Punjab, on instructions from ASI Jaspal Singh, states that one material witness has been examined after order dated 28.3.2011, therefore, there is no undue delay in the trial. As per the prosecution story bhukki chura post weighing 34 kg. 500 gms. was recovered from the car occupied by the accused. Considering totality of the facts and circumstances of the case, the present petition is directed to be allowed. Let petitioner be released on bail to the satisfaction of the Special Judge. (Alok Singh) Judge May 9, 2011 Anand