Balvir Ram vs State Of Punjab
2022 Latest Caselaw 15257 P&H

                                In the High Court for the States of Punjab and Haryana
                                                At Chandigarh


                                                                     CRM-M-31856-2020 (O&M)
                                                                     Date of Decision:-29.11.2022

                Balvir Ram                                                         ... Petitioner

                                                      Versus

                State of Punjab                                                   ... Respondent



                CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL



                Present:-          Ms. Arti Kaur, Advocate for the petitioner.

                                   Mr. Siddharth Attri, AAG, Punjab,
                                   assisted by ASI Sandeep Singh.

                                                      *****

                GURVINDER SINGH GILL, J. (Oral)

1. The petitioner seeks grant of regular bail in respect of a case registered vide

FIR No.91, dated 29.11.2019, Police Station Balachaur, District SBS Nagar,

under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985,

wherein the allegations are broadly to the effect that the petitioner was found

in possession of 115 injections of 'Buprenorphine Leegesic' (2 mls. each) and

115 injections of 'Avil' (10 mls. each).

2. Learned counsel for the petitioner submits that the petitioner has been falsely

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 and since

the trial is proceeding at snail's pace, the petitioner deserves the concession of

regular bail.

PANKAJ KAKKAR
2022.11.29 17:55
I attest to the accuracy and
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                                                (2)                 CRM-M-31856-2020 (O&M)

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

'commercial' quantity of contraband, no case for grant of bail is made out.

Learned State counsel has, however, informed that the petitioner as on date

has been behind bars since the last more than 3 years. It has also been

informed that the petitioner is not involved in any other case. Learned State

counsel has further informed that as on date only 2 PWs out of the cited 10

PWs have been examined.

4. This Court has considered the 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 Number Date of        Title of case                Period    which    the
                            Decision                                    accused had undergone
                                                                        when granted bail by
                                                                        Hon'ble Supreme Court.
                Criminal     07.02.2020    Chitta Biswas @ Subhas Vs. 1 year and 7 months
                Appeal   No.               the State of West Bengal
                245/2020
                Criminal     12.10.2020    Amit Singh Moni Vs. State of 2 years and 7 months
                Appeal   No.               Himachal Pradesh
                668/2020

Special Leave 01.08.2022 Nitish Adhikary @ Bapan Vs. 1 year and 7 months to Appeal the State of West Bengal (Crl.) No. 5769/2022 Special Leave 04.08.2022 Shariful Islam @ Sarif Vs. 1 year and 6 months to Appeal the State of West Bengal (Crl.) No. 4173 of 2022 Criminal 05.08.2022 Gopal Krishna Patra @ 2 years 1 month and 17 Appeal No. Gopalrusma Vs. Union of days 1169 of 2022 India

PANKAJ KAKKAR 2022.11.29 17:55 I attest to the accuracy and authenticity of this document (3) CRM-M-31856-2020 (O&M)

Special Leave 22.08.2022 Mohammad Salman Hanif About 2 years to Appeal Shaikh Vs. the State of (Crl.) No. Gujarat 5530-2022

6. Keeping in view the totality of the facts and circumstances of the case,

particularly long custody of the petitioner and that the petitioner enjoys a

clean record and also that conclusion of trial is likely to consume time

inasmuch as only 2 PWs out of the cited 10 PWs have been examined so far,

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.

                29.11.2022                                        ( Gurvinder Singh Gill )
                pankaj                                                   Judge
                                Whether speaking /reasoned    Yes / No

                                Whether Reportable            Yes / No




PANKAJ KAKKAR
2022.11.29 17:55
I attest to the accuracy and
authenticity of this document