MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 439 of the Code of Criminal Procedure seeking bail pending trial in the case F.I.R. No. 90 dated 3.7.1995 registered at Police Station Zira under Section 15/61/85 of the N.D.P.S. Act, 1985.

(2.) Mr. Aulakh, learned counsel appearing on behalf of the petitioner submits that the petitioner was arrested on 3.7.1995 and that challan has not yet been filed though a period of 90 days has already elapsed from the date when the petitioner was remanded to custody. This fact has not been controverted by the learned Assistant Advocate General, Haryana.

(3.) In view of the law laid down by the Supreme Court in Union of India v. Thamisharasi & Ors., 1995 4 JT 253, the petitioner has to be granted bail. Accordingly, I direct that the petitioner shall be released on bail pending trial on furnishing bail bonds in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the Chief Judicial Magistrate, Ferozepur. With this order, petitioner stands disposed.