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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-59340-2022 Date of decision : 19.12.2022
Avtar Singh @ Tili ....Petitioner Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present : Mr. Manan Bhardwaj, Advocate for the petitioner.
Mr. Arun Gupta, Asstt. Advocate General, Punjab for the respondent/State.
PANKAJ JAIN, J. (ORAL)
Prayer in the present petition filed under Section 482 Cr.P.C. is for grant of pre-arrest bail in FIR No.152, dated 02.11.2017 registered for the offence punishable under Section 22 of the NDPS Act, at Police Station Majitha, District Amritsar.
Petitioner stands booked for offence punishable under Section 22 of the NDPS Act in the aforesaid FIR and was admitted to interim bail as report of forensic lab was not received. Thereafter, the petitioner absented himself without any intimation leading to cancellation of the bail and forfeiture of surety bonds. Presence of petitioner was ordered to be secured through non-bailable warrants vide order dated 22ndof April, 2022. The present application under Section 438 Cr.P.C. has been filed seeking pre- arrest bail which as per the settled proposition of law would not be
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maintainable. Consequently, the present petition is dismissed. However, liberty is granted to the petitioner to surrender before the Trial Court on or before 23rdof December, 2022 and seek regular bail. In case, the petitioner opts to surrender before the Trial Court and such request is made, the same shall be decided by the Trial Court within three days thereafter in accordance with law.
December 19, 2022 (PANKAJ JAIN) Dpr JUDGE
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
Neutral Citation No:=2022:PHHC:169511
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