Full Judgment
Criminal Misc.No.M-31666 of 2013 {1} IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No.M-31666 of 2013 Date of Decision: 30th September, 2013 Simarjit Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE Mr.JUSTICE NARESH KUMAR SANGHI Present: Mr.Jitender Pal Singh, Advocate, for the petitioner.
Mr.K.S.Pannu, DAG, Punjab.
*** Naresh Kumar Sanghi, J.
Prayer in this petition is for grant of anticipatory bail to the petitioner, Simarjit Singh, who has been booked for having committed the offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in a case arising out of FIR No.14, dated 29.01.2013, registered at Police Station, Sr.Muktsar Sahib.
Learned counsel contends that in fact the recovery of the contraband was effected from one Rupinder Singh, who was arrested from the spot; and that after investigation, the Investigating Agency proposed to exonerate Rupinder Singh of the said crime and indicted the petitioner after about six months of the alleged incident.
Learned counsel for the State, after going through the material available on record, very fairly concedes that two contradictory stands of the Investigating Agency are emerging on Sharma Seema 2013.09.30 16:40 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.No.M-31666 of 2013 {2} record.
He further contends that concededly, the petitioner was not arrested from the spot.
Heard.
Keeping in view the totality of the facts and circumstances of the case and the fact that the petitioner was not arrested from the spot and one Rupinder Singh along with the contraband was apprehended from the spot, the present petition is allowed.
In the event of his arrest, the petitioner shall be released on anticipatory bail subject to his furnishing personal bond in the sum of ` 25,000/- with one surety in the like amount to the satisfaction of the arresting officer.
The petitioner shall join the investigation as and when required to do so and abide by all the conditions laid down in Section 438(2),Cr.P.C.September 30, 2013 (Naresh Kumar Sanghi) Seema Judge