Punjab-Haryana High Court
Harjinder Singh vs State Of Punjab on 30 November, 2022
In the High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-24667-2022 (O&M)
Date of Decision:-30.11.2022
Harjinder Singh ... Petitioner
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Deepak Jindal, Advocate for the petitioner.
Mr. Siddharth Attri, AAG, Punjab.
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GURVINDER SINGH GILL, J.(Oral)
1. The petitioner seeks grant of regular bail in respect of a case registered
against him vide FIR No.86 dated 9.8.2019, Police Station Sadar Abohar,
District Fazilka under Section 15/29/61 of Narcotic Drugs & Psychotropic
Substances Act.
2. The case of the prosecution, in nutshell, is that on 9.8.2019, the petitioner
alongwith co-accused Harjinder Singh was found in possession of 300
kilograms of 'poppy husk'. It is the case of prosecution that the petitioner
alongwith said Harjinder Singh was travelling in a truck driven by said
Harjinder Singh from which the said 'poppy husk' had been recovered.
3. Learned counsel for the petitioner submits that the petitioner was merely
sitting on the front passenger seat of the truck and cannot be attributed
MOHAN SINGH
2022.12.02 14:14
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integrity of this document
(2) CRM-M-24667-2022 (O&M)
conscious possession of the contraband alleged to have been recovered from
the rear side of the truck, wherein some other articles had also been loaded.
It has further been submitted that the petitioner has been behind bars for a
substantial period of 3 years, 3 months and 19 days and that since the trial is
proceeding at snail's pace, the petitioner deserves the concession of regular
bail. It has also been pointed out that co-accused has already been granted
bail by this Court, therefore the petitioner also deserves the same concession
on the ground of parity.
4. On the other hand, learned State counsel has submitted that since the
petitioner was caught red handed alongwith his co-accused Harjinder Singh
while in possession of 300 kilograms of 'poppy husk', no case for grant of
bail is made out. Learned State counsel has, however, informed that the
petitioner has been behind bars since the last about 3 years, 3 months and 19
days. Learned State counsel has also informed that the petitioner is not
involved in any other case. It has also been informed that as on date, only 5
out of the cited 15 PWs have been examined.
5. I have considered rival submissions addressed before this Court.
6. 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 Decision Title of Case Period which the
accused had undergone
when granted bail by
Hon'ble Supreme Court.
Criminal 07.02.2020 Chitta Biswas @ 1 year and 7 months
Appeal No. Subhas Vs.
245/2020 the State of West
Bengal
MOHAN SINGH
2022.12.02 14:14
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integrity of this document
(3) CRM-M-24667-2022 (O&M)
Criminal 12.10.2020 Amit Singh Moni Vs. 2 years and 7 months
Appeal No. State of
668/2020 Himachal Pradesh
Special Leave 01.08.2022 Nitish Adhikary @ 1 year and 7 months
to Appeal Bapan Vs.
(Crl.) No. the State of West
5769/2022 Bengal
Special Leave 04.08.2022 Shariful Islam @ Sarif 1 year and 6 months
to Appeal Vs.
(Crl.) No. the State of West
4173 of 2022 Bengal
Criminal 05.08.2022 Gopal Krishna Patra @ 2 years 1 month and 17
Appeal No. Gopalrusma Vs. Union days
1169 of 2022 of
India
Special Leave 22.08.2022 Mohammad Salman About 2 years
to Appeal Hanif
(Crl.) No. Shaikh Vs. the State of
5530-2022 Gujarat
7. Keeping in view the totality of the facts and circumstances of the case
particularly the long custody of the petitioner and the fact that only 5 out of
the cited 15 PWs have been examined till date, the petition merits
acceptance.
8. 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.
9. 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.
30.11.2022 ( GURVINDER SINGH GILL )
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
MOHAN SINGH
2022.12.02 14:14
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integrity of this document
