Crl. Misc. No. M – 34023 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 34023 of 2009 Date of decision:- 3.2.2010 Jaswant Singh @ Babbu ... Petitioner Versus State of Punjab ... Respondents. CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Vikram Chaudhri, Advocate, for the petitioner. Mr. Jaswant Singh, AAG, Punjab. Gurdev Singh, J (oral) Heard. The petitioner Jaswant Singh @ Babbu S/o Charan Singh has filed this petition under Section 439 of the Code of Criminal Procedure for the grant of bail in FIR No. 209 dated 30.9.2008 registered under Section 15 of the NDPS Act at Police Station, Zira, District Ferozepur. The FIR was recorded regarding the recovery of 10 bags of poppy-husk each containing 30 Kgs. The petitioner was never apprehended at the time of the recovery. The investigating agency is relying upon the statements of Jaswant Singh and Jagir Singh recorded during investigation. Jaswant Singh never disclose the name of this petitioner in his statement. According to Jagir Singh, whose statement was recorded after seven months of recovery, this petitioner and his co-accused Kulwant Singh made a join extra judicial confession before him. Crl. Misc. No. M – 34023 of 2009 -2- It would be seen by the trial Court whether this joint extra-judicial confession is admissible in evidence or not. The other similarly situated accused - Kulwant Singh has already been granted the concession of bail, vide order dated 27.10.2009 passed in Crl. Misc. No. 20719 of 2009. When similarly situated co-accused has already granted the bail then there is no question for refusing bail to the present petitioner. Accordingly, the petition is allowed. Petitioner is ordered to be admitted to bail to the satisfaction of Judge Special Court, Ferozepur. February 3, 2010 (Gurdev Singh) tripti Judge