Crl.M. No. M- 12411 of 2010 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M. No. M- 12411 of 2010 (O&M) Date of decision : 15.9.2010 ... Harmail Singh ................Petitioner vs. State of Punjab .................Respondent Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. D.R. Mahajan, Advocate for the petitioner Sh. Anter Singh Brar, Senior Deputy Advocate General, Punjab ... K.C. Puri, J. This is a petition for grant of regular bail to the petitioner in case FIR No. 250 dated 3.8.2007, under Sections 15, 25, 29, 61 and 85 of NDPS Act, registered at Police Station, Jagraon, District Ludhiana. As per allegation of the prosecution, a secret information was received and consequently, a Nakabandi (barricade) was made at Railway crossing. An Alto car bearing registration No. PB-29G-7211 was seen coming from the side of village Gurusar Kauke Kalan. The Inspector gave signal with a torch to stop. However, the driver of the car stopped the car immediately and succeeded to run away by making cut from the barricade. According to the prosecution, Inderjit Singh was driver of the car, whereas Devinder Singh and applicant Crl.M. No. M- 12411 of 2010 -2- Harmail Singh were the occupants of the car. One truck bearing registration No. PB-29 A 9884 was behind the car, which was also stopped and from which recovery of 51 bags of poppy husk was made. Inderjit Singh, driver of the Alto car was allowed the concession of bail by this Court vide order dated 31.10.2008 passed in Crl.M.No. M-24356 of 2008. Whereas the co-occupant of the car Devinder Singh has been allowed the concession of bail vide order dated 21.11.2008 passed in Crl.M.No. M-26167 of 2008. The bail application of the petitioner has been opposed on the ground that petitioner was declared proclaimed offender. However, counsel for the petitioner has submitted that Parminder Singh, who was also declared proclaimed offender, was granted the concession of bail vide order dated 2.3.2010 passed in Crl.M.No. M-5523 of 2010, although he was declared innocent. The petitioner had also filed Crl.M.No. M-1967 of 2010, which was dismissed as withdrawn on 2.3.2010. Since the similarly situated co-accused, who were occupants of the car have been allowed the concession of bail, so on the ground of parity, the petitioner is also entitled to the concession of bail, as he is in custody since 31.7.2009 i.e. more than one year. So, the petition stands accepted. Bail to the satisfaction of the trial Court. ( K.C. Puri ) 15.9.2010 Judge chugh