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Punjab-Haryana High Court
Moshin Ansari vs State Of Punjab on 2 May, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
2024:PHHC:060847
In The High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-8581-2024 (O&M)
Date of Decision:- 02.05.2024
Mohsin Ansari ... Petitioner
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Sanjeev Kumar, Advocate, for the petitioner.
Mr. I.P.S.Sabharwal, DAG, Punjab.
*****
FIR DATE POLICE STATION OFFENCES
NO.
133 13.4.2021 City Kharar, SAS Nagar 21 of NDPS Act and Section 25
of Arms Act (Section 29 of
NDPS Act added later on)
GURVINDER SINGH GILL, J. (Oral)
1. The instant petition has been filed on behalf of the petitioner seeking grant of regular bail in respect of aforementioned FIR.
2. The allegations, in nutshell are that the petitioner was found in possession of 1 kg of 'Heroin' and .315 bore country made pistol.
3. Learned counsel for the petitioner submits that he has falsely been implicated in the present case. It has been submitted that the petitioner has been behind bars since the last more than 3 years and till date no substantial progress has been made in the trial. MOHAN SINGH 2024.05.02 04:28 I attest to the accuracy and integrity of this document CRM-M-8581-2024 (O&M) -2- 2024:PHHC:060847
4. Opposing the petition, learned State counsel has submitted that since the petitioner was found in conscious possession of 'commercial quantity' of contraband, no case for grant of bail is made out. It has been informed that the petitioner stands involved in two more cases registered under Section 52-A of Prison Act and Section 370 IPC and 67 of I.T. Act. It has been however, been informed that the petitioner, as on date, has been behind bars since the last more than 3 years. Learned State counsel has further informed that, in the present case, 3 out of cited 17 PWs have been examined.
5. This Court has considered rival submissions.
6. Since the petitioner seeks grant of bail mainly on account of long custody, it is apposite to refer to a few judgments of Hon'ble Supreme Court in this regard wherein Hon'ble Supreme Court has granted the concession of bail solely on ground of long custody:
Case Date of Title of Case Period which the Number Decision accused had undergone when granted bail by Hon'ble Supreme Court. Criminal 07.02.2020 Chitta Biswas @ 1 year and 7 months Appeal No. Subhas Vs. 245/2020 the State of West Bengal Criminal 12.10.2020 Amit Singh Moni Vs. 2 years and 7 months Appeal No. State of 668/2020 Himachal Pradesh Special 01.08.2022 Nitish Adhikary @ 1 year and 7 months Leave Bapan Vs. to Appeal the State of West (Crl.) No. Bengal 5769/2022 Special 04.08.2022 Shariful Islam @ Sarif 1 year and 6 months Leave Vs. to Appeal the State of West (Crl.) No. Bengal 4173 of 2022 Criminal 05.08.2022 Gopal Krishna Patra @ 2 years 1 month and 17 Appeal No. Gopalrusma Vs. Union days MOHAN SINGH 2024.05.02 04:28 I attest to the accuracy and integrity of this document CRM-M-8581-2024 (O&M) -3- 2024:PHHC:060847 1169 of of 2022 India Special 22.08.2022 Mohammad Salman About 2 years Leave Hanif to Appeal Shaikh Vs. the State of (Crl.) No. Gujarat 5530-2022 Criminal 22.11.2022 Karnail Singh Vs. The 1 Year and 8 months Appeal No. State of Odisha 2027-2022 Special 25.11.2022 Karim Adaldar Vs. The 10 months Leave to State of West Bengal Appeal (Crl.) No. 8653-2022
7. Hon'ble Supreme Court in yet another judgment dated 25.01.2023 arising out of SLP No.6690-2022 titled Dheeraj Kumar Shukla Vs. State of Uttar Pradesh has granted bail in a case registered under the NDPS Act where the accused alongwith co-accused was found in possession of 'commercial' quantity of Ganja and had been behind bars since the last two and a half years while observing that in the absence of any criminal antecedents, the conditions of Section 37 of the NDPS Act could be dispensed with at that stage, particularly when there was delay in conclusion of trial.
8. Keeping in view the totality of the facts and circumstances of the case particularly the long custody of the petitioner i.e more than 3 years and the fact that only 3 out of cited 17 PWs have been examined so far, the petition merits acceptance and is hereby accepted.
9. The petition, as such, is allowed and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
MOHAN SINGH 2024.05.02 04:28 I attest to the accuracy and integrity of this document CRM-M-8581-2024 (O&M) -4- 2024:PHHC:060847
10. It is, however, directed that in case the petitioner is found to be indulging in similar offence again, the prosecution would be at liberty to move an application for cancellation of bail before this Court.
02.05.2024 ( GURVINDER SINGH GILL)
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
MOHAN SINGH
2024.05.02 04:28
I attest to the accuracy and
integrity of this document