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(2024) Law Today Live Doc. Id. 19298 = 2024 :PHHC: 79793
Decided on: 11.06.2024
Present:
Mr. R.S. Sekhon, Advocate for the petitioner(s).
Mr. J.S. Guru, AAG, Punjab.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439, 482 -- NDPS Case -- Interim bail – Birth of daughter – Recovery of 530 grams of Heroin – Without adverting to the merits of the case and considering the fact that a baby girl is born to the petitioner who has been in custody for more than 5 months deserved to be released on interim regular bail to enable him to share his love and affection to the newly born baby -- Petitioner ordered to be released on interim regular bail for a period of two weeks.
(Para 2-5)
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SANDEEP MOUDGIL, J. (ORAL) –
1. The instant petition under Section 482 Cr.P.C. read with Section 439 Cr.P.C. has been preferred by the petitioner seeking interim bail in case FIR No.246 dated 22.12.2023 under Section 21 of NDPS Act, 1985 P.S. Sadar Fazilka, District Fazilka (Annexure P-1) on account of the daughter being born on 27.05.2024.
2. Learned counsel for the petitioner contends that the petitioner has been in custody for more than 5 months on account of his involvement in an FIR where 530 grams of Heroin was recovered from his possession.
3. Learned State counsel who has been served an advance notice has filed the custody certificate of the petitioner, which is taken on record. According to which, the petitioner is behind bars for last 5 months and 10 days. He on instructions from ASI Gurmail Singh has verified the fact regarding birth of the girl child.
4. Without adverting to the further merits of the case and considering the fact that a baby girl is born to the present petitioner who has been in custody for more than 5 months deserved to be released on interim regular bail to enable him to share his love and affection to the newly born baby.
5. Therefore, the petitioner is directed to be released on interim regular bail for a period of two weeks on his furnishing bail and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. He is directed to surrender back to the Jail Superintendent concerned after expiry of two weeks, i.e. on 24.06.2024 before 5:00 PM.
6. Petition stands allowed.
Petition allowed.
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