IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Crl. Misc. No. M-33076 of 2010 Date of Decision:14.01.2011 Diwakar Sharma @ Deepak Sharma .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. B.S. Malik, Advocate for the petitioner. Ms. Rajni Gupta, Addl. AG, Punjab. **** DAYA CHAUDHARY, J.(Oral) The present petition has been filed for grant of regular bail during the pendency of trial in case FIR No.134 dated 5.9.2009 under Sections 21/61/85 of NDPS Act registered at Police Station Julkan, District Patiala, Punjab. Learned counsel for the petitioner submits that although this application has been filed for second time but since new facts have come on record and this Court in a similar case, i.e. Crl. Misc. No. M-3824 of 2010 has granted bail, as the credibility of the Investigating Officer was doubtful and many cases have been registered at his instance. Learned counsel for the State opposes the bail on the ground that the present case cannot be equated with those cases where the petitioner has been granted bail. In this case, the recovery is 1 Kg. 15 grams of smack and on the last date of hearing when his earlier application was dismissed, a detailed order was passed on 23.3.2010. The trial is in progress as three Crl. Misc. No. M-33076 of 2010 -2- witnesses have already been examined and now the case is fixed for recording of the remaining witnesses for 31.1.2011. In view of the fact that the earlier application filed by the petitioner was dismissed vide detailed order dated 23.3.2010 and the case is fixed for hearing on 31.1.2011. The special leave petition filed against the order of this Court has been dismissed as withdrawn at the time of hearing the petition before Hon'ble the Supreme Court. No new ground is made out to file the present petition, it is dismissed. However, the trial Court is directed to conclude the evidence of prosecution witnesses within a period of two months. January 14, 2011 ( DAYA CHAUDHARY ) renu JUDGE