Banka Singh Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1120738
CourtPunjab and Haryana High Court
Decided OnJan-17-2014
AppellantBanka Singh
RespondentState of Punjab
Excerpt:
crm-m-714-2014 (o&m) 1 in the high court of punjab and haryana at chandigarh crm-m-714-2014 (o&m) date of decision: january 17, 2014 banka singh …petitioner versus state of punjab …respondent coram: hon’ble mr. justice naresh kumar sanghi present: mr. nandan jindal, advocate, for the petitioner. mr. k.s. pannu, dag, punjab, for the respondent. naresh kumar sanghi, j.1. prayer in this petition is for grant of regular bail to the petitioner, banka singh, son of mohinder singh, resident of village gullar, police station, patran, district patiala, who has been booked for having committed the offences punishable under section 15 of the narcotic drugs and psychotropic substances act, 1985, and under section 411, ipc, in a case arising out of fir no.57, dated 8.4.2013, registered at police station, dirbha, district sangrur.2. learned counsel contends that the alleged recovery of 80 kgs. of poppy husk was effected on 7.4.2013 from the co- accused of the petitioner while the petitioner was languishing in jail at district jail, sangrur. on 17.9.2013, the investigating agency arrested him from the jail premises after obtaining warrants from the learned area judicial magistrate and implicated him with the aid of section 120-b, ipc. he further contends that without there being any material on record, the petitioner has been booked in the present case.3. learned counsel for the state very fairly concedes that kapoor prashant 2014.01.17 17:23 i attest to the accuracy of this order crm-m-714-2014 (o&m) 2 the recovery was not effected from the petitioner and he has been booked for hatching the conspiracy to sell the poppy husk.4. i have heard learned counsel for the parties and gone through the material available on record.5. keeping in view the totality of the facts and circumstances of the case, the present petition for grant of regular bail to the petitioner, banka singh, son of mohinder singh, resident of village gullar, police station, patran, district patiala, is allowed. he is ordered to be released on bail during pendency of the trial of the present case, subject to his furnishing bail bonds to the satisfaction of the learned judge, special court, sangrur. (naresh kumar sanghi) january 17, 2014 judge pkapoor kapoor prashant 2014.01.17 17:23 i attest to the accuracy of this order
Judgment:

CRM-M-714-2014 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-714-2014 (O&M) Date of Decision: January 17, 2014 Banka Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE NARESH KUMAR SANGHI Present: Mr. Nandan Jindal, Advocate, for the petitioner. Mr. K.S. Pannu, DAG, Punjab, for the respondent. NARESH KUMAR SANGHI, J.

1. Prayer in this petition is for grant of regular bail to the petitioner, Banka Singh, son of Mohinder Singh, resident of Village Gullar, Police Station, Patran, District Patiala, who has been booked for having committed the offences punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and under Section 411, IPC, in a case arising out of FIR No.57, dated 8.4.2013, registered at Police Station, Dirbha, District Sangrur.

2. Learned counsel contends that the alleged recovery of 80 Kgs. of poppy husk was effected on 7.4.2013 from the co- accused of the petitioner while the petitioner was languishing in jail at District Jail, Sangrur. On 17.9.2013, the investigating agency arrested him from the jail premises after obtaining warrants from the learned Area Judicial Magistrate and implicated him with the aid of Section 120-B, IPC. He further contends that without there being any material on record, the petitioner has been booked in the present case.

3. Learned counsel for the State very fairly concedes that Kapoor Prashant 2014.01.17 17:23 I attest to the accuracy of this order CRM-M-714-2014 (O&M) 2 the recovery was not effected from the petitioner and he has been booked for hatching the conspiracy to sell the poppy husk.

4. I have heard learned counsel for the parties and gone through the material available on record.

5. Keeping in view the totality of the facts and circumstances of the case, the present petition for grant of regular bail to the petitioner, Banka Singh, son of Mohinder Singh, resident of Village Gullar, Police Station, Patran, District Patiala, is allowed. He is ordered to be released on bail during pendency of the trial of the present case, subject to his furnishing bail bonds to the satisfaction of the learned Judge, Special Court, Sangrur. (NARESH KUMAR SANGHI) January 17, 2014 JUDGE Pkapoor Kapoor Prashant 2014.01.17 17:23 I attest to the accuracy of this order