Cyber Shafi Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1142155
CourtPunjab and Haryana High Court
Decided OnMay-30-2014
AppellantCyber Shafi
RespondentState of Punjab
Excerpt:
crm-m- 18199 of 2014 -1- in the high court of punjab and haryana at chandigarh crm-m- 18199 of 2014 date of decision: 30.05.2014 cyber shafi ....petitioner versus state of punjab ....respondent coram: hon'ble mr.justice m.m.s.bedi present: ms.tanu bedi, advocate for the petitioner. mr.s.s.gill, dag, punjab. ***** m.m.s.bedi,j.(oral) the petitioner has been in custody w.e.f.17.11.2013, for having been found in possession of 30 grams charas and 100 grams intoxicating powder. it is contended that till date report of the chemical examiner has not been received. a period of 180 days has already elapsed. application for extension for custody of the petitioner has been allowed till 13.06.2014. it has been informed that application for regular bail was listed before the trial court for hearing and for final disposal on 12.05.2014, 13.05.2014,26.05.2014, 28.05.2014 and 30.05.2014 and now it has been adjourned to 31.05.2014. this application is filed by the petitioner for interim temporary bail on the ground that his mother is admitted in hospital of dr. irshad ahmad, kuchay, shri nagar requiring an operation immediately on account of “epigastric hernia smriti (gangrene)”.2014.05.30 15:29 i attest to the accuracy and integrity of this document crm-m- 18199 of 2014 -2- application for interim bail was dismissed by the trial court on 12.05.2014 on the ground that in view of pendency of application for regular bail, interim bail application was not maintainable. learned special judge, kapurthala should have finally decided the regular bail application after 12.05.2014, after dismissing the application for interim temporary bail. the matter was heard today at 10' o clock and again taken up at 12:30 p.m . counsel for the petitioner has stated at bar that though the application for regular bail was listed for today and now it has been adjourned for 31.05.2014. i have considered the stand taken by the counsel for the petitioner and accused having been found in possession of non-commercial quantity of charas with intoxicating powder which has not till date been analyzed. in these circumstances, prima facie he is entitled to be released on bail/interim bail. since the matter is pending before the special judge, kapurthala i deem it appropriate to dispose of this petition with a direction to the special judge, kapurthala to finally dispose of the petition for regular bail on 31.05.2014. it is, however, observed that in case the application for regular bail is dismissed on 31.05.2014, the petitioner will be released on interim temporary bail for a period of 20 days awaiting the report of the chemical examiner to enable him to attend his ailing mother subject to his furnishing bail bonds/surety bonds to the satisfaction of learned special judge, kapurthala. a copy of this order be sent through fax to the concerned court by the registry. a copy of the order be also given dasti to the counsel for the petitioner under the signatures of the reader of this court. 30.05.2014 (m.m.s.bedi) smriti smriti judge201405.30 15:29 i attest to the accuracy and integrity of this document
Judgment:

CRM-M- 18199 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M- 18199 of 2014 Date of decision: 30.05.2014 Cyber Shafi ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE Mr.JUSTICE M.M.S.BEDI Present: Ms.Tanu Bedi, Advocate for the petitioner.

Mr.S.S.Gill, DAG, Punjab.

***** M.M.S.BEDI,J.(ORAL) The petitioner has been in custody w.e.f.17.11.2013, for having been found in possession of 30 grams Charas and 100 grams intoxicating powder.

It is contended that till date report of the Chemical Examiner has not been received.

A period of 180 days has already elapsed.

Application for extension for custody of the petitioner has been allowed till 13.06.2014.

It has been informed that application for regular bail was listed before the trial Court for hearing and for final disposal on 12.05.2014, 13.05.2014,26.05.2014, 28.05.2014 and 30.05.2014 and now it has been adjourned to 31.05.2014.

This application is filed by the petitioner for interim temporary bail on the ground that his mother is admitted in Hospital of Dr.

Irshad Ahmad, Kuchay, Shri Nagar requiring an operation immediately on account of “Epigastric Hernia Smriti (Gangrene)”.2014.05.30 15:29 I attest to the accuracy and integrity of this document CRM-M- 18199 of 2014 -2- Application for interim bail was dismissed by the trial Court on 12.05.2014 on the ground that in view of pendency of application for regular bail, interim bail application was not maintainable.

Learned Special Judge, Kapurthala should have finally decided the regular bail application after 12.05.2014, after dismissing the application for interim temporary bail.

The matter was heard today at 10' O clock and again taken up at 12:30 P.M .

Counsel for the petitioner has stated at bar that though the application for regular bail was listed for today and now it has been adjourned for 31.05.2014.

I have considered the stand taken by the counsel for the petitioner and accused having been found in possession of non-commercial quantity of Charas with intoxicating powder which has not till date been analyzed.

In these circumstances, prima facie he is entitled to be released on bail/interim bail.

Since the matter is pending before the Special Judge, Kapurthala I deem it appropriate to dispose of this petition with a direction to the Special Judge, Kapurthala to finally dispose of the petition for regular bail on 31.05.2014.

It is, however, observed that in case the application for regular bail is dismissed on 31.05.2014, the petitioner will be released on interim temporary bail for a period of 20 days awaiting the report of the Chemical Examiner to enable him to attend his ailing mother subject to his furnishing bail bonds/surety bonds to the satisfaction of learned Special Judge, Kapurthala.

A copy of this order be sent through fax to the concerned Court by the Registry.

A copy of the order be also given dasti to the counsel for the petitioner under the signatures of the Reader of this Court.

30.05.2014 (M.M.S.BEDI) Smriti smriti JUDGE201405.30 15:29 I attest to the accuracy and integrity of this document