The court's decision to grant bail was based on the prolonged custody of the petitioners, the slow progress of the trial, and the lack of usefulness in keeping them behind bars.

JUDGMENT

Harnaresh Singh Gill, J. (Oral) - This order of mine shall dispose of CRM-M-41434-2019, filed by petitioner-Roopa Rani, and CRM-M-21924-2019, filed by petitioner-Sunny @ Mangta @ Manga, under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No. 156 dated08.10.2018, registered at Police Station Bhargo Camp, District Jalandhar, under Section 22 and 29 (added later on) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Learned counsel for the petitioner in CRM-M-41434-2019 contends that out of 4752 loose intoxicant capsules, only 50 capsules had been sent to the FSL for chemical examination in which the salt Tramadol Hydrochloride' was detected. He relies on a decision of this Court in State of Punjab vs. Dharam Singh 2010 (3) RCR (Criminal) 94 , to contend that where only a small sample from amongst the loose tablets/capsules is sent for chemical examination, it is not possible to presume that all of them contained the same salt. It is further contended that if the recovery of 50 intoxicant capsules is to be taken into consideration, the same will be on lesser side, which is not disputed by the learned State counsel.

3. In addition to the above, learned counsel for the petitioner in CRM-M-21924-2019 states that the petitioner has been falsely implicated in the present case on the disclosure statement of co-accused, Roopa Rani. He further contends that similarly situated co-accused, Babbal Kumar @ Sahil and Chetan Kumar @ Sunny @ Lambu, have already been granted regular bail vide order dated 15.02.2019 passed in CRM-M-6457-2019 by a Coordinate Bench of this Court.

4. On the other hand, learned State counsel opposes the prayers made in both the petitions. The learned State counsel, on instructions from ASI Ajaypal Singh, submits that petitioner-Sunny @ Mangta @ Manga is involved in three more cases. Out of them, he has been released on bail intwo cases and convicted in one case. He further submits that out of 11 prosecution witnesses, 01 witness has examined so far.

5. I have heard learned counsel for the petitioners and the learned State counsel.

6. Petitioners-Roopa Rani and Sunny @ Mangta @ Manga have been in custody since 10.10.2018 and 05.12.2018, respectively. The trial of the case would take time to conclude. Therefore, no useful purpose would be served by keeping the petitioners behind the bars.

7. Considering over all the facts and circumstances, but without expressing any opinion on the merits of the case, both the petitions are allowed and the petitioners are ordered to be released on bail on their furnishing bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate.