Punjab-Haryana High Court
Surinder Singh Alias Lucky vs State Of Punjab on 24 October, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:139856
CRM-M-42611-2024 -1-
215
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-42611-2024
DECIDED ON: 24.10.2024
SURINDER SINGH ALIAS LUCKY
.....PETITIONER
VERSUS
STATE OF PUNJAB
.....RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. P.S. Sekhon, Advocate for the petitioner.
Mr. Jaspal Singh Guru, AAG Punjab.
SANDEEP MOUDGIL, J (ORAL)
1. Relief Sought The jurisdiction of this Court under Section 439 Cr.P.C., has been invoked for the grant of regular bail to the petitioner in FIR No. 107, dated 18.08.2022, under Sections 18-B, 18-C of NDPS Act, 1985 registered at Police Station Sadar Kotakpura, District Faridkot.
2. Facts Facts as narrated in the FIR reads as under:-
"That as per the prosecution version that on dated 17.08.2022 ASI Jabir Singh at time around 07:30 pm started for patrolling for police station in the area of Police station Sadar Kot Kapura and at about 07:30 pm he gave information to MHC Randeep Singh that he was conducting the search of the vehicles during the barricading and at about 07:25 pm from the side of village Matta one car came and ASI 1 of 6 ::: Downloaded on - 29-10-2024 22:28:34 ::: Neutral Citation No:=2024:PHHC:139856 CRM-M-42611-2024 -2- Jasbir Singh give signal with the help of torch and the driver of the car tried to turn back the car, but car was apprehended, Surinder Singh @ Lucky was driving the car and Karamjit Singh @ Karma was sitting adjoining to him and there was one bag lying near the foot of Karamjit Singh @ Karma and ASI Jabir Singh raise suspicion that some narcotic was in the bag lying in the foot of co-accused Karamjit Singh, thereafter ASI Charanjit Singh came at the spot along with police party at about 08:15 p.m. on a private vehicle and thereafter the search of the bag was conducted and 04 Kg opium was recovered from it."
3. Contentions:
On behalf of the petitioner Learned counsel for the petitioner submits that the petitioner is falsely implicated in the present case and recovery of contraband was effected in the foot of Kamaljit Singh not from the conscious possession of petitioner. He further submits that petitioner is not a habitual offender, as he is not involved in any other case.
On behalf of the State Learned State counsel has filed the custody certificate of the petitioner, which is taken on record. He prays for dismissal of the present petition stating the the quantity of contraband involved in the present case falls under commercial quantity, therefore, the petitioner does not deserve the concession of bail, but could not controvert the fact that petitioner is a person of clean antecedents.
4. Analysis Be that as it may, considering the fact that, the recovery was not effected from the conscious possession of the petitioner, who has already suffered incarceration of 2 years2 months and 3 days and not involved in the other case, as is evident from the perusal of the custody certificate added with the fact that investigation is complete, challan stands presented on 01.02.2023, charges stands framed on 15.02.2023 and out of total 20 prosecution witnesses only 7 has been 2 of 6 ::: Downloaded on - 29-10-2024 22:28:35 ::: Neutral Citation No:=2024:PHHC:139856 CRM-M-42611-2024 -3- examined so far, meaning thereby conclusion of trial shall take considerable time, no useful purpose would be served by keeping the petitioner behind the bars for an indefinite period, which would curtail right of the petitioner for speedy trial and expeditious disposal, as enshrined under Article 21 of the Constitution of India as has been time and again discussed by this Court, while relying upon the judgment of the Apex Court passed in Dataram Singh vs. State of Uttar Pradesh & Anr.
2018(2) R.C.R. (Criminal) 131. Relevant paras of the said judgment is reproduced as under:-
"2. A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society.
3. There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case.
4. While so introspecting, among the factors that need to be considered is whether the accused was arrested during
3 of 6 ::: Downloaded on - 29-10-2024 22:28:35 ::: Neutral Citation No:=2024:PHHC:139856 CRM-M-42611-2024 -4- investigations when that person perhaps has the best opportunity to tamper with the evidence or influence witnesses. If the investigating officer does not find it necessary to arrest an accused person during investigations, a strong case should be made out for placing that person in judicial custody after a charge sheet is filed. Similarly, it is important to ascertain whether the accused was participating in the investigations to the satisfaction of the investigating officer and was not absconding or not appearing when required by the investigating officer. Surely, if an accused is not hiding from the investigating officer or is hiding due to some genuine and expressed fear of being victimised, it would be a factor that a judge would need to consider in an appropriate case. It is also necessary for the judge to consider whether the accused is a first-time offender or has been accused of other offences and if so, the nature of such offences and his or her general conduct. The poverty or the deemed indigent status of an accused is also an extremely important factor and even Parliament has taken notice of it by incorporating an Explanation to section 436 of the Code of Criminal Procedure, 1973. An equally soft approach to incarceration has been taken by Parliament by inserting section 436A in the Code of Criminal Procedure, 1973.
5. To put it shortly, a humane attitude is required to be adopted by a judge, while dealing with an application for remanding a suspect or an accused person to police custody or judicial custody. There are several reasons for this including maintaining the dignity of an accused person, howsoever poor that person might be, the requirements of Article 21 of the Constitution and the fact that there is enormous overcrowding in prisons, leading to social and other problems as noticed by this Court in In Re- Inhuman Conditions in 1382 Prisons, 2017(4) RCR (Criminal) 416: 2017(5) Recent Apex Judgments (R.A.J.) 408 : (2017) 10 SCC 658 4 of 6 ::: Downloaded on - 29-10-2024 22:28:35 ::: Neutral Citation No:=2024:PHHC:139856 CRM-M-42611-2024 -5-
6. The historical background of the provision for bail has been elaborately and lucidly explained in a recent decision delivered in Nikesh Tara chand Shah v. Union of India, 2017 (13) SCALE 609 going back to the days of the Magna Carta. In that decision, reference was made to Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565 in which it is observed that it was held way back in Nagendra v. King-Emperor, AIR 1924 Calcutta 476 that bail is not to be withheld as a punishment. Reference was also made to Emperor v. Hutchinson, AIR 1931 Allahabad 356 wherein it was observed that grant of bail is the rule and refusal is the exception. The provision for bail is therefore age-old and the liberal interpretation to the provision for bail is almost a century old, going back to colonial days.
7. However, we should not be understood to mean that bail should be granted in every case. The grant or refusal of bail is entirely within the discretion of the judge hearing the matter and though that discretion is unfettered, it must be exercised judiciously and in a humane manner and compassionately. Also, conditions for the grant of bail ought not to be so strict as to be incapable of compliance, thereby making the grant of bail illusory."
Therefore, to elucidate further, this Court is conscious of the basic and fundamental principle of law that right to speedy trial is a part of reasonable, fair and just procedure enshrined under Article 21 of the Constitution of India. This constitutional right cannot be denied to the accused as is the mandate of the Apex court in "Hussainara Khatoon and ors (IV) v. Home Secretary, State of Bihar, Patna", (1980) 1 SCC 98. Besides this, reference can be drawn upon that pre-
conviction period of the under-trials should be as short as possible keeping in view the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness or apprehension of threat to the complainant.
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5. DECISION:
In view of the discussions made hereinabove, the petitioner is hereby directed to be released on regular bail on furnishing bail and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned.
In the afore-said terms, the present petition is hereby allowed.
However, it is made clear that anything stated hereinabove shall not be construed as an expression of opinion on the merits of the case.
(SANDEEP MOUDGIL)
24.10.2024 JUDGE
Meenu
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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