CRM-M-59745-2023 -1- 209 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-59745-2023 Date of Decision: 04.04.2025 Major Singh …Petitioner vs. State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Ms. Manjit Kaur Saini, Advocate for the petitioner. Mr.M.S.Bajwa, Deputy Advocate General, Punjab. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the present petition under Section 439 of Cr.P.C. with a prayer to grant regular bail to him in case FIR No.0088 dated 29.03.2021, registered under Section 22 of NDPS Act, at Police Station Ajnala, District Amritsar Rural. 2. Learned counsel for the petitioner submits that the petitioner was granted the interim bail by a Co-ordinate Bench of this Court on 02.12.2023 and thereafter, he is continuously appearing before the trial Court. She further contends that the prosecution has been able to examine only 3 witnesses, out of total 10 witnesses, so far and the prosecution is making every attempt to delay the trial before the trial Court. She further contends that the petitioner undertakes to appear before the trial Court on each and every date of hearing and shall not remain absent from the trial Court proceedings, without prior permission of the trial Court. HEMLATA 2025.04.05 02:56 I attest to the accuracy and integrity of this document CRM-M-59745-2023 -2- 3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that the quantity of contraband recovered from the present petitioner is commercial in nature. However, he admits that the petitioner has not misused the concession of interim bail granted to him passed by a Co-ordinate Bench of this Court and is a first offender. 4. I have heard learned counsel for the parties and perused the record. 5. In the present case, it is an admitted fact that the petitioner was granted the interim bail by a Co-ordinate Bench of this Court on 02.12.2023 and thereafter, he is continuously appearing before the trial Court. Even, it is apparent that the prosecution is not producing the witnesses before the trial Court and due to this, the petitioner has already faced incarceration for a long period. 6. Without commenting on the merits of the case, the present petition is allowed and the interim order dated 02.12.2023, passed by a Co-ordinate Bench of this Court is made absolute. The petitioner shall file an affidavit before the trial Court that he shall continue to appear before the trial Court on each and every date of hearing and shall not remain absent from the trial Court proceedings, without prior permission of the trial Court. (N.S.SHEKHAWAT) 04.04.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.04.05 02:56 I attest to the accuracy and integrity of this document