Punjab-Haryana High Court
Bholi Kaur vs State Of Punjab on 30 November, 2022
In the High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-44110-2020 (O&M)
Date of Decision:-30.11.2022
Bholi Kaur ... Petitioner
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Lupil Gupta, Advocate for the petitioner.
Mr. Aman Dhir, DAG, Punjab,
assisted by ASI Gurmeet Singh.
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GURVINDER SINGH GILL, J. (Oral)
1. The petitioner seeks grant of regular bail in respect of a case registered vide
FIR No.0271, dated 10.11.2019, Police Station Lambi, District Sri Muktsar
Sahib, 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 850 intoxicant tablets containing 'tramadol
hydrochloride'.
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
as on date has been behind bars for the last more than 3 years and that as on
date only 4 PWs out of the cited 14 PWs have been examined and since the
PANKAJ KAKKAR
2022.12.01 15:13
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authenticity of this document
(2) CRM-M-44110-2020 (O&M)
trial is proceeding at snail's pace, the petitioner deserves the concession of
regular bail.
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. Learned State counsel
has further informed that as on date only 4 PWs out of the cited 14 PWs have
been examined. Learned State counsel has also submitted that though the
custody certificate does not indicate that the petitioner is involved in any
other case, but he has been informed by ASI Gurmeet Singh that infact the
petitioner stands involved in one more case under NDPS Act.
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
PANKAJ KAKKAR
2022.12.01 15:13
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(3) CRM-M-44110-2020 (O&M)
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
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 also that conclusion of trial is
likely to consume time inasmuch as only 4 PWs out of the cited 14 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 her 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.
30.11.2022 ( Gurvinder Singh Gill )
pankaj Judge
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
PANKAJ KAKKAR
2022.12.01 15:13
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