CRM No. M-4583 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-4583 of 2011 (O&M) Date of decision: 28.03.2011 Surinder Singh @ Sinda ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Naveen Daryal, Advocate, for the petitioner. Mr. Jaspreet Singh, AAG, Punjab. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) This is an application seeking anticipatory bail in case FIR No.74 dated 26.6.2009 under Sections 15/61/85 of the NDPS Act, Police Station Bhadson, District Patiala. As per prosecution story bhukki chura post weighing 34 kg. 500 gms. was recovered from the car occupied by the accused. 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 CRM No. M-4583 of 2011 (O&M) -2- 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 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. Considering totality of the facts and circumstances of the case, I direct that petitioner be released on bail to the satisfaction of learned trial Court. (Alok Singh) Judge March 28, 2011 R.S.