Punjab-Haryana High Court
Harmanpreet Singh Alias Harry vs State Of Punjab on 17 November, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
221
CRM-M-18153-2022 (O&M)
Date of Decision: 17.11.2022
Harmanpreet Singh @ Harry ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Mr. L.S.Mann, Advocate,
for the petitioner.
Mr. Siddharth Attri, AAG, Punjab,
assisted by SI Pawan Kumar.
GURVINDER SINGH GILL, J. (Oral)
1. The petitioner has approached this Court seeking grant of regular bail in
respect of a case registered against him vide FIR No.211 dated
09.09.2019 at Police Station Sirhind, District Fatehgarh Sahib, under
Sections 22 of the NDPS Act, wherein the allegations are broadly to the
effect that the petitioner was found in possession of 45 intoxicant
injections of Leegesic (Buprenorphine IP) 2 ml each and 45 bottles of
Avil 10 ml each.
2. Learned counsel for the petitioner has submitted that the petitioner has
falsely been implicated in the present case. It has further been submitted
that the petitioner has been behind bars for a substantial period of more
than 3 years & 2 months that since the trial is proceeding at snail's pace,
the petitioner deserves the concession of regular bail.
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CRM-M-18153-2022 (O&M) -2-
3. Opposing the petition, learned State counsel has submitted that since it is
a case wherein the petitioner was caught red-handed while in possession
of a 'commercial' quantity of contraband, no case for grant of bail is
made out. The learned State counsel has, however, informed that the
petitioner has been behind bars since the last about 3 years, 2 months & 7
days.
4. This Court has considered rival submissions.
5. 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 No. Date of Title of case Period which the
Decision accused had
undergone when
granted bail by
Hon'ble
Supreme Court
Criminal Appeal 07.02.2020 Chitta Biswas @ 1 year & 7
No.245/2020 Subhas Vs. The State months
of West Bengal
Criminal Appeal 12.10.2020 Amit Singh Moni Vs. 2 years & 7
No.668/2020 State of Himachal months
Pradesh
Special Leave to 01.08.2022 Nitish Adhikary @ 1 year & 7
Appeal Bapan Vs. The State of months
(Criminal) West Bengal
No.5769/2022
Special Leave to 04.08.2022 Shariful Islam @ Sarif 1 year & 6
Appeal Vs. The State of West months
(Criminal) Bengal
No.4173/2022
Criminal Appeal 05.08.2022 Gopal Krishna Patra @ 2 years, 1 month
No.1169/2022 Gopalrusma Vs. Union & 17 days
of India
Special Leave to 22.08.2022 Mohammad Salman About 2 years
Appeal Hanif Shaikh Vs. The
(Criminal) State of Gujarat
No.5530/2022
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CRM-M-18153-2022 (O&M) -3-
6. In the present case, the petitioner has been behind bars since the last
about 3 years, 2 months & 7 days. Conclusion of trial is likely to
consume time. Keeping in view the totality of the facts and
circumstances of the case particularly the long custody of the petitioner,
the petition merits acceptance and is hereby accepted.
7. 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.
8. 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.
17.11.2022 (GURVINDER SINGH GILL)
Vimal JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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