In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-801 of 2009 Date of decision: 31.3.2009 Gurmail Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Vipin Ghai, Sr.Advocate with Mr.Sandeep Gahlawat, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed by Gurmail Singh under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 96 dated 19.7.2003, under Sections 15/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Dialpur District Bathinda. At the time of issuance of notice of motion, the following order was passed by this Court on 14.1.2008:- “Learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot and was declared a proclaimed offender. Rakesh Kumar, who was arrested at the spot has been acquitted by the Criminal Misc. No.M-801 of 2009 -2- learned trial Court vide order dated 10.7.2006 (Annexure P-1). The petitioner is in custody since 4.8.2008. Notice of motion for 19.2.2009.” Learned State counsel, on the other hand, has opposed this petition. Keeping in view the fact that the petitioner was not arrested at the spot and the co-accused, who was arrested at the spot has been acquitted by the learned trial Court vide order dated 10.7.2006 (Annexure P-1) and also the factum of the petitioner having been in custody since 4.8.2008, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of learned Chief Judicial Magistrate, Bathinda. (SABINA) JUDGE March 31, 2009 anita