Punjab-Haryana High Court
Sagar Mandal vs State Of Ut Chandigarh on 20 December, 2022
CRM-M-58211 of 2022 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
280 CRM-M-58211 of 2022
Date of Decision: December 20, 2022
Sagar Mandal ...Petitioner
Versus
State of UT Chandigarh
... Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present:- Mr. L.S.Bhullar, Advocate
for the petitioner.
Mr. A.M.Punchhi, PP for UT Chandigarh.
AMAN CHAUDHARY, J.
The present petition has been filed under Section 439 Cr.P.C. for the
grant of regular bail to the petitioner in respect of FIR No100 dated 27.07.2022,
under Section 20 of NDPS Act, registered at Police Station Manimajra,
Chandigarh.
Learned counsel for the petitioner contends that petitioner has been
in custody since 29.07.2022, alleged recovery effectged is non-commercial as per
the schedule appended with the NDPS Act and he is not involved in any other
case. Petitioner is suffering from medical disease affecting his right scrotum for
which he is undergoing treatment at GMSH Sector 16, Chandigarh, medical
record is Annexure P-3. Charges framed on 27.10.2022 and trial is still to
commence.
Learned counsel for UT has produced the custody certificate dated
18.12.2022, which is taken on record.
Learned counsel for UT opposes the bail on the ground that the
petitioner was apprehended at the spot and the contraband in question was
RIMPAL RANI
2022.12.21 15:47
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order/judgment
CRM-M-58211 of 2022 2
recovered from him. However, learned counsel is unable to controvert the
submissions made by learned counsel for the petitioner.
Heard.
In view of the facts and circumstances of the case, in particular that
the petitioner is in custody since 29.07.2022; is suffering from ailment; is not
involved in any other criminal case; charges have been framed on 27.10.2022; the
trial is likely to take a considerable time, his further detention behind bars would
not serve any useful purpose thus, the present petition for grant of regular bail
deserves to be allowed.
Resultantly, the present petition is allowed. The petitioner is ordered
to be released on regular bail, subject to his furnishing bail/surety bonds to the
satisfaction of trial Court/Duty Magistrate concerned and subject to him not being
required in any other case. The petitioner shall abide by the following
conditions:-
1. The petitioner will not tamper with the evidence during the trial.
2. The petitioner will not pressurize/ intimidate the prosecution witnesses.
3. The petitioner will appear before the trial Court on each and every date
fixed, unless is exempted by a specific order of Court.
4. The petitioner shall not commit an offence similar to the offence of
which, he is an accused, or for commission of which he is suspected of.
5. The petitioner shall not directly or indirectly coerce, induce, threaten or
promise to any person acquainted with the facts of the case so as to
dissuade him/ her from disclosing such facts to the Court or to any police
officer or tamper with the evidence in any manner.
6. The petitioner shall not in any manner misuse his liberty.
7. The petitioner shall furnish his address and mobile number to the Trial
Court forthwith and shall not change the same till the conclusion of the trial
and in case for any reason, the appellant seeks to change any of the
aforesaid, the same shall be done only with prior intimation to the learned
Trial Court, stating the reason for the same.
8. The petitioner shall deposit his passport, if any, with the Trial Court
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2022.12.21 15:47
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authenticity of this
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CRM-M-58211 of 2022 3
forthwith and in case, he does not have the passport, he shall furnish a
specific affidavit in this regard.
It is made clear that in case of breach of any of the aforesaid
conditions, the State shall be at liberty to seek cancellation of bail as granted to
the petitioner by this order.
In view of the above, it is clarified that the observations made herein
above are limited for the purpose of present proceedings and would not be
construed as any opinion on the merits of the case and the trial would proceed
independently of the aforesaid observations.
December 20, 2022 (AMAN CHAUDHARY)
rimpal JUDGE
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
RIMPAL RANI
2022.12.21 15:47
I attest to the accuracy and
authenticity of this
order/judgment
