In the Punjab and Haryana High Court, at Chandigarh. CRM-M- 16688 of 2011 Decided on July 25,2011 Baljinder Singh @ Bika @ Balwinder Singh @ Bika --Petitioner vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Rajesh Bhatheja, Advocate, for the petitioner. Mr.A.S.Rai, DAG,Punjab Rakesh Kumar Jain,J:(Oral) This is a petition for regular bail pending trial under Section 439 of the Code of Criminal Procedure, 1973 (for short,'Cr.P.C.') in a case registered vide FIR No. 298 dated 02.09.2009, under Sections 15,61 & 85; 25,61 & 85, 29, 61 & 85 of Narcotic Drugs & Psychotropic Substances Act, 1985, at Police Station Samana, District Patiala. Allegation against the petitioner is that he was in a Bolero Jeep on 02.09.2009 which was leading the canter in which there were 30 bag of poppy husk weighing 900 kg. Learned counsel submits that there were three occupants of the said Jeep out of which two accused, namely Rabbi Dass and Gurpreet Singh have already been granted bail in CRM-M-8339 of 2010 and CRM-M-8535 of 2010 respectively on 15.7.2010. He further submits that the petitioner is in custody since 1.7.2011. In reply, learned counsel for the respondent submits that the petitioner was declared proclaimed offender on 05.2.2010 and has been arrested on 1.7.2011. At the same time, he submits that no other case is pending against the petitioner. CRM-M- 16688 of 2011 -2- Learned counsel for the petitioner, however, submits that out of 14 witnesses, only two have been examined so far and since nothing has been recovered from the petitioner, his case is at par with the other co- accused, namely, Rabbi Dass and Gurpreet Singh and the petitioner too deserves the concesion of bail. After hearing the learned counsel for the parties and keeping in view the facts and circumstances of this case, without observing anything on the merit, the present petition is allowed and the petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the learned trial Court. He would also undertake to appear before the trial Court of his own on each and every date of hearing. July 25,2011 (Rakesh Kumar Jain) RR Judge