Punjab-Haryana High Court
Harpal Singh Alias Pali vs State Of Punjab on 23 March, 2022
CRM-M-6649-2022 (O&M) -1-
203
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-6649-2022 (O&M)
Date of decision : 23.03.2022
Harpal Singh @ Pali
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. Hitesh Verma, Advocate for the petitioner.
Mr. Sarabjit S. Cheema, AAG, Punjab.
****
VIKAS BAHL, J. (ORAL)
Prayer in the present petition is for grant of anticipatory bail to
the petitioner in FIR No.454 dated 08.09.2021 registered under Sections
22/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at
Police Station City Barnala, District Barnala.
On 17.02.2022, this Court had passed the following order:-
"Learned counsel for the petitioner inter alia contends
that although, the name of the petitioner was mentioned as
per the secret information alongwith the name of the co-
accused but the petitioner was neither found at the spot nor
any recovery was effected from him. It is further submitted
that the petitioner has been implicated in the case on the
basis of disclosure statement and there is no other material
against the petitioner with regard to the said crime.
1 of 3
CRM-M-6649-2022 (O&M) -2-
Learned counsel for the petitioner has relied upon the
judgment passed by the Hon'ble Supreme Court in Tofan
Singh Vs. State of Tamil Nadu, reported as 2021(1) RCR
(Criminal) 1, an order passed by Coordinate Bench of this
Court dated 17.06.2020 in CRM-M-12051-2020 titled
"Mewa Singh Vs. State of Punjab", and an order of another
Coordinate Bench dated 16.07.2021 passed in CRM-M-
12997-2020 titled as "Daljit Singh Vs. State of Haryana" to
contend that in such like cases if a person has only been
proceeded against on the basis of disclosure statement of co-
accused and no recovery has been effected from the
petitioner, then he should be granted the benefit of
anticipatory bail.
Notice of motion.
On asking of the Court, Mr. Saurav Khurana, DAG,
Punjab, appears and accepts notice on behalf of State of
Punjab and seeks time to get instructions.
Adjourned to 23.03.2022.
In the meantime, in the event of arrest, the petitioner
shall be released on interim bail subject to his furnishing
personal bonds and surety to the satisfaction of
Arresting/Investigating Officer. However, the petitioner
shall join the investigation as and when called upon to do so
and shall abide by the conditions as provided under Section
438(2) Cr.P.C.
Learned State Counsel is directed to verify as to
whether there are any call details between the petitioner and
the co-accused from whom the alleged recovery has been
effected."
Learned counsel for the petitioner has submitted that in
pursuance of the abovesaid order dated 17.02.2022, the petitioner has joined
the investigation.
2 of 3
CRM-M-6649-2022 (O&M) -3-
Learned counsel for the State, on instructions from ASI
Gurcharan Singh, has submitted that the petitioner has joined the
investigation and is not required for any further custodial interrogation.
Keeping in view the abovesaid facts and circumstances moreso,
the facts which have been noticed in abovesaid order dated 17.02.2022 and
also the fact that the petitioner has joined the investigation and is not
required for further custodial interrogation, the present petition is allowed
and the interim order dated 17.02.2022 is ordered to be made absolute.
However, nothing stated above shall be construed as an
expression of opinion on the merits of the case and the trial would proceed
independently of the observations made in the present case which are only
for the purpose of adjudicating the present bail application.
All the pending miscellaneous applications, if any, stand
disposed of in view of the abovesaid order.
23.03.2022 (VIKAS BAHL)
Pawan JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
3 of 3
