(Kurian Joseph and Amitava Roy, JJ.)
Satpal Singh _____________________________________ Petitioner
v.
The State of Punjab ________________________________ Respondent
Petition(s) for Special Leave to Appeal (Crl.) No(s). 8184/2017, decided on January 18, 2018
(SLP (Crl) No. 8184/2017 Alongwith IA No. 109155/2017-Exemption From Filing O.T. and IA No. 118588/2017-Permission to File Additional Documents is to Be Listed Before Hon’ble Court.)
The Order of the court was delivered by
Order
1. Seeking, among other things, parity the petitioner has sought for anticipatory bail. Noticing the anticipatory bail granted in an NDPS case to the co-accused, this Court by order dated 22.11.2017, while issuing notice passed the following order:—
“Issue notice, returnable in three weeks.
In the meantime, the respondent-State is directed to clarify as to whether any steps have been taken for challenging the orders granting anticipatory bail to the co-accused in the same case.”
2. It is also relevant to note that in the impugned order dated 4.10.2017 the learned Judge has noted that the coordinate Bench which granted anticipatory bail to the co-accused has omitted to take not of Section 37 of NDPS Act, 1985.
3. Thereafter, the matter was posted on 15.12.2017 and the counsel sought three weeks’ time to file counter affidavit, which was granted.
4. Today, learned counsel for the respondent/State submits that the counter affidavit is ready and the same may be permitted to be filed during the course of the week.
5. Permission is granted.
6. At paragraph 6 of the counter affidavit it is stated “… no decision for challenging the order dated 21.09.2017, whereby anticipatory bail was granted to co-accused, namely, Beant Singh and Gurvinder Singh has been taken by the Government”.
7. Learned counsel for the respondent/State submits that the process takes some time, since the file has to pass through many hands.
8. We direct the Secretary (Law) or the Secretary concerned in the Government dealing with the matters regarding sanction to be present before this Court with the records pertaining to the sanction for cancellation of the bail granted to the co-accused by order dated 21.09.2017, on the next date of hearing.
9. Post on 07.02.2018.
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