IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.- M No. 13429 of 2011 (O&M) Date of Decision: November 30, 2011 Makhan Singh ... Petitioner Versus State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Ashok Giri, Advocate for the petitioner. Mr. B.B.S. Teji, Sr. DAG, Punjab. * * * * RAJESH BINDAL, J. Prayer in the present petition is for grant of regular bail to the petitioner pending trial in FIR No.90, dated 29.04.1987, registered under Sections 15, 61,85 of NDPS Act, 25, 54, 59 of Arms Act and 3, 4 of TADA Act, at Police Station Banga, District Nawanshahar. Learned counsel for the petitioner submitted that initially the petitioner was arrested and he was released on bail by the the learned court below. On account of his non-appearance in the Court below, he was declared proclaimed offender in the year 1995 and thereafter he was arrested on 29.11.2009 and even since then he is in custody. He further submitted that the police has recommended that the petitioner should be discharged as recovery was not effected from him. Ever since the petitioner is in custody, no evidence has been led as no P.W. has been examined. Learned court below had even intimated the Director General of Police, Punjab regarding non-cooperation of the local police, who were not appearing in the Court for recording of the statement. Now the matter has been referred to this Court for transfer of the trial to District Shaheed Bhagat Singh Nagar, as the case pertains to that area as the Shaheed Criminal Misc.-M No. 13429 of 2011 (O&M) - 2 - Bhagat Singh Nagar was declared a district later on. On the other hand learned counsel for the State, on instructions from H.C. Harmit Singh, submitted that only one PW has been examined and the petitioner is in custody from 29.11.2009. After hearing learned counsel for the parties and considering the facts noticed above wherein for the last two years despite communications to the DGP, Punjab, only one P.W. has been examined and petitioner is in custody from the last two years, in my opinion, the petitioner deserves concession of bail pending trial. The petitioner is directed to be released on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Jalandhar. The petition stands disposed of. (RAJESH BINDAL) November 30, 2011 JUDGE sarita