Gurtej Singh Alias Teji vs State Of Punjab
2023 Latest Caselaw 3374 P&H

                                                         Neutral Citation No:=2023:PHHC:051261




                                                      2023:PHHC:051261

CRM-M- 4072-2023 (O&M)                                     -1-

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                         CRM-M- 4072-2023 (O&M)
                                         Date of Decision: 10.04.2023

Gurtej Singh alias Teji
                                                           ... Petitioner
                                V/s.
State of Punjab
                                                           ... Respondent


CORAM:      HON'BLE MR. JUSTICE DEEPAK MANCHANDA


Present :   Mr. J.S. Dhaliwal, Advocate
            for the petitioner.

            Mr. Gurdarshan Singh Sidhu, AAG, Punjab.
                 ****

DEEPAK MANCHANDA, J.(Oral)

Petitioner has prayed for grant of regular bail under Section 439

Cr.P.C. in case FIR No. 127 dated 14.08.2021, under Sections 22 and 27 of

NDPS Act registered at Police Station Bhikhi, District Mansa.

As per the allegations levelled in the FIR, on suspicion, the

petitioner along with co-accused was apprehended by the police and on

search, have been found to be in possession of 2500 intoxicating tablets of

Tramadol Hydrochloride.

Learned counsel for the petitioner contends that the petitioner

is in custody since 14.08.2021. He submits that the petitioner has been

falsely implicated in the present case as the said recovery was not effected

from his conscious possession rather it was from a kit bag. He further

submits that the charges have been framed, however, out of total 15

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prosecution witnesses, none has been examined till date. Learned counsel

for the petitioner refers to the judgment rendered by the Apex Court in

Maulana Mohd. Amir Rashdi vs. State of Uttar Pradesh and Another in

Criminal Appeal No. 159 of 2012 while contending that though the

recovery is commercial but has not been effected from his conscious

possession and the co-accused Happy Singh has already been allowed bail

by this Court vide order dated 16.01.2023 passed in CRM-M-53024-2021.

He also submits that the petitioner is under custody since long time in the

present case and the conclusion of trial will take sufficient time, therefore,

prayer is made for the petitioner to be enlarged on bail.

Per contra, learned counsel appearing on behalf of respondent-

State, on instructions from the Investigating Officer, opposes the grant of

regular bail to the petitioner, while submitting that the offence alleged

against the petitioner is serious in nature and 01 other case is pending

against the petitioner, however he does not dispute the fact that charges

have been framed and the co-accused has already been allowed bail.

Confronted with the same, learned counsel for the petitioner

submits that the petitioner is already on bail in the said FIR.

I have heard learned counsel for the parties.

Petitioner is in incarceration since 14.08.2021.

It is not a case made out by the respondent-State that in case

concession of bail is granted to the petitioner, he would hamper the course

of free and fair trial. Further, since the challan stands presented and the

charges have been framed and the co-accused have already been granted

bail and the trial would take sufficient time, no useful purpose would be

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served in keeping the petitioner behind bars.

Resultantly, without meaning any expression of opinion on the

merits of the case, it is ordered that the petitioner be released on regular bail

subject to his furnishing requisite bail bonds/surety bonds to the satisfaction

of the trial Court concerned.

The petition is allowed accordingly.

                                                   (DEEPAK MANCHANDA)
                                                        JUDGE
10.04.2023
seema


        Whether speaking/reasoned        Yes
        Whether Reportable               Yes /No




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