Crl. Misc. No. M-15916 of 2011 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-15916 of 2011 (O&M) Date of Decision: December 5, 2011 Sarbjit Singh …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.A.R. Sidhu, Sr. Advocate with Mr. V.D. Goyal, Advocate for the petitioner. Mr. Kirat Singh Sidhu, DAG, Punjab. -.- M.M.S. BEDI, J. (ORAL) Inspector Sukhwinder Singh, investigating officer is present in Court. Petitioner seeks the concession of regular bail. A perusal of the record indicates that on June 4, 2009, recovery of 95 grams of heroine alongwith cash of Rs.9 lacs with a pistol was effected from a Qualis from co-accused Pal Singh and Navdeep Singh. So far as petitioner is concerned, Crl. Misc. No. M-15916 of 2011 (O&M) [2] he allegedly escaped from the spot. The petitioner was allegedly arrested from his working place on June 5, 2009 with 4 kg of heroine. Counsel for the petitioner submits that after having escaped on June 4, 2009, the probability of petitioner having been found in possession of 4 kg of heroine on the very next day is apparently improbable. In normal circumstances, the petitioner cannot be granted the concession of bail but peculiar circumstances of this case i.e. petitioner having not been arrested on June 4, 2009 and he having been found in possession of 4 kg of heroine the very next date; the petitioner having been in custody for a period of 2 years and six months; no prosecution witness having yet been examined; sample of heroine recovered contained 59% of heroine (making the actual possession about 2.360 kg.); petitioner not being involved in any other case; co-accused of the petitioner having already been granted the concession of bail and co-accused of the petitioner having already been granted the concession of bail, he can also be granted the same relief. Petition is allowed. Petitioner is ordered to be released on bail on his furnishing bail bonds/ surety bonds to the satisfaction of the trial Court subject to an additional condition that the petitioner will not commit the similar offence of which he is accused of during the pendency of the trial. December 5, 2011 (M.M.S.BEDI) sanjay JUDGE