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SHER SINGH ALIAS SHERU versus STATE OF HARYANA

High Court of Punjab and Haryana, Chandigarh

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Sher Singh alias Sheru v. State of Haryana - CRM-40964-m-2005 [2006] RD-P&H 7852 (26 September 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl.Misc. No. 40964-M of 2005

Date of Decision : Oct. 13, 2006

Sher Singh alias Sheru

... Petitioner

Versus

State of Haryana

.. Respondent

Present : Shri K.S.Dhaliwal, Advocate,

for the petitioner.

Shri S.S.Patter, Senior DAG, Haryana.

for the respondent-State.

PRITAM PAL, J. (Oral)

Allegations against Sher Singh, accused-petitioner, are that on July 3, 2002, he, alongwith Satnam Singh, a co-accused of this case, was found sitting on the bags of poppy husk (33 in number), which were laden in canter, in the area of Police Station, Guhla, District Kaithal. On seeing the police party, he had fled away and remained absconded. However, he could be arrested only on 19.10.2004.

While deciding earlier two bail applications, moved by the petitioner, vide order dated 2.12.2005 passed in Crl.M.No. 63017-M of 2005 it was directed that the trial Court should conclude the trial expeditiously, preferably within six months from the date of receipt of a certified copy of the said order.

Now, the contention of learned counsel for the petitioner is that only two prosecution witnesses have been examined so far, whereas, nine ..

prosecution witnesses still remain to be examined. It has been pointed-out that a co-accused, namely, Pargat Singh, who was also declared a proclaimed offender in this case, could be arrested only on 9.2.2006.

Hence, their trial has been started de novo and this would cause more delay in deciding the case of the petitioner. He has further contended that the petitioner cannot be said to be in conscious possession of the contraband substance, as he was just alleged to have been sitting on the bags containing poppy-husk.

At this stage, no significance can be attached to this aforesaid argument, raised on behalf of the petitioner, inasmuch as the material witnesses still remain to be examined. It is also an admitted fact that the co-accused, namely, Satnam Singh, against whom, the allegations were same as that of the petitioner, has already been convicted and sentenced.

Taking an over all view and the heavy quantity of the contraband substance, alleged to have been recovered from the accused of this case, I do not find it a fit case for granting bail to the petitioner.

Hence, this bail application is hereby dismissed.

However, the learned trial Court is directed to dispose of this case, expeditiously, by giving short adjournments, preferably within 9 months from today. Copy of this order be sent to the learned trial Court forthwith.

[ PRITAM PAL ]

October 13, 2006 JUDGE

som


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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