Punjab-Haryana High Court
Sajan vs State Of Punjab on 16 March, 2022
CRM-M-32900-2021 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CRM-M-32900-2021 (O&M)
Date of decision: 16.03.2022
Sajan ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present:- Mr. G. S. Bajwa, Advocate
for the petitioner.
Mr. Joginder Pal Ratra, DAG, Punjab.
ARVIND SINGH SANGWAN, J. (Oral)
This is the second petition that has been filed under Section 439
of the Code of Criminal Procedure for grant of regular bail to the petitioner
in case FIR No. 03 dated 21.01.2020, registered under Section 304 IPC and
Sections 27 and 29 of the NDPS Act, at Police Station Verka, District
Amritsar.
Learned counsel for the petitioner submits that as per
allegations in the FIR, registered at the instance of complainant Harpal
Singh, it is stated that he and his cousin brother Varinder Singh @ Gullu
used to take heroin since long by buying the same from co-accused Jalwant
Singh @ Jaj. On 20.01.2020, he along with his cousin brother bought heroin
and injected the same into their arms and after taking the heroin through
injections, the complainant and his cousin brother became unconscious. In
the morning, the complainant gained conscious and he tried to wake up his
cousin but he did not wake up. Thereafter, the complainant was admitted to
a hospital, where he came to know that Varinder Singh @ Gullu has died.
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CRM-M-32900-2021 (O&M) -2-
Learned counsel for the petitioner further submits that the
petitioner is not named in the FIR and his name surfaced in the disclosure of
aforesaid co-accused Jalwant Singh @ Jaj as a person, from whom he used
to procure the heroin.
Learned counsel for the petitioner further submits that
petitioner is in judicial custody for the last more than 01 years and 01
month; he is not involved in any other case and conclusion of trial is likely
to take a long time as even charges have not been framed so far.
Learned counsel for the petitioner relies upon the judgments
rendered by Hon'ble Supreme Court in Tofan Singh vs. State of Tamil
Nadu, (2021) 4 SCC 1 and State By (NCB) Bengaluru vs. Pallulabid
Ahmad Arimutta & Anr. 2022 Live Law (SC) 69 to submit that it will be a
matter of trial whether the disclosure of the co-accused is admissible against
the petitioner or not.
Learned State counsel, on the basis of the affidavit of the SHO
concerned, submits that during investigation, the call details of the mobile
phone of the petitioner as well as co-accused Jalwant Singh @ Jaj were
taken and co-accused Jalwant Singh @ Jaj was found to be in touch with the
deceased and the location of his mobile phone was found to be at the place,
where Varinder Singh @ Gullu had died.
I have heard learned counsel for the parties.
Without commenting upon the merits of the case, considering
the fact that the petitioner is in judicial custody for the last more than 02
years and 01 month; he is not involved in any other case; conclusion of trial
is likely to take some time as even charges have not been framed so far and
also in view of the ratio of law laid down by Hon'ble Supreme Court in the
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aforesaid judgments relied upon by the petitioner, the instant petition is
allowed. The petitioner is ordered to be released on regular bail on her
furnishing bail/surety bonds to the satisfaction of the trial Court/Duty
Magistrate/Illaqa Magistrate, concerned.
16.03.2022 (ARVIND SINGH SANGWAN)
Waseem Ansari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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