Punjab-Haryana High Court
Sonu vs State Of Haryana on 9 August, 2023
Neutral Citation No:=2023:PHHC:103238
CRM-M-37678-2023 1
2023:PHHC:103238
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
227
CRM-M-37678-2023
Date of decision : 09.08.2023
Sonu ...... Petitioner
versus
State of Haryana ...... Respondents
CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN
Present: Mr. Amit Choudhary, Advocate
for the petitioner.
Mr. Ashok Kumar Sehrawat, DAG, Haryana.
****
PANKAJ JAIN, J. (Oral)
Prayer is for grant of regular bail in FIR No.389 dated
17.12.2020, registered for offences punishable under Sections 15, 27(a),
61 and 85 of NDPS Act, at Police Station Bhuna, District Fatehabad.
2. As per the case of the prosecution, it has been claimed
that:-
"On 17.12.2020, SI Surender Singh along
with other fellow police officials reached near Bus
Stand of village Saniyana for patrolling and
narcotic drugs checking duty. Then, he found that
two vehicles were standing on Chamar Khera Road
and the indicators of both the vehicles were
switched on. On having suspicion, SI Surender
Singh got checked the vehicles and found that one
vehicle was make Alto car and the other vehicle
was make Bolero. The police party also found that
three young boys were unloading some articles
from the Bolero vehicle in the Alto car. On seeing
1 of 10
Neutral Citation No:=2023:PHHC:103238
2023:PHHC:103238
the police party, one of the young boys fled the spot
along with Bolero vehicle but SI Surender Singh
with the help of other police officials apprehended
one of the young boys with Alto car and the third
young boy was also apprehended at some distance.
The police party also followed Bolero vehicle and
the driver of the Bolero vehicle due to imbalance
drove his vehicle in the nearby agriculture fields
and he fled the spot leaving behind the Bolero
vehicle at the spot. Registration number of the
Bolero vehicle was found to be HR-268Q/8689
whereas the registration number of the Alto car was
found to be HR-26AC/1070. Five plastic bags were
found kept on the rear seat of the car make Alto.
Upon enquiry, the two young boys apprehended at
the spot disclosed their names as - Sonu son of Sita
Ram son of Brij Lal Bhadu, resident of village
Nangthala, Police Station Agroha, District Hisar
and Sanjay @ Sanju son of Jasbant @ Satpal son of
Basti Ram Khokhar, resident of Dhani Jallopur,
Police Station Sadar, Ratia, District Fatehabad. On
having suspicion of some intoxicating material in
the plastic bags, two separate written notices under
section 50 of NDPS Act were served upon them by
apprising them that there was suspicion of some
intoxicating material with them and in their car
make Alto bearing registration No. HR-26AC/1070
and therefore, search was required to be taken. The
accused were also apprised about the legal
requirements of the notices. Accused Sonu and
Sanjay @ Sanju submitted their replies that they
wanted to get conducted their search in the presence
of a nodal officer. Therefore, Sh. Ranjeet Singh,
SDO, Water Services, Fatehabad was informed on
2 of 10
Neutral Citation No:=2023:PHHC:103238
2023:PHHC:103238
his mobile phone and he was requested to reach at
the spot. Upon enquiry, the petitioner/accused Sonu
disclosed the name of the driver of the Bolero
vehicle, who fled the spot as Mandeep, resident of
village Surewala Ukalana, District Hisar and after
one hour Sh. Ranjeet Singh, SDO, Water Services,
Fatehabad along with his staff reached at the spot.
Thereafter, search was conducted. On checking of
the plastic bags kept in the car make Alto, Kachra
Doda Post (poppy-straw) was recovered. On
weighment 20 kg, 100 grams of Kachra Doda Post
(poppy straw) was recovered from each plastic bags
and thus the total weight of the recovered Kachra
Doda Post (poppy-straw) was found to be 1 quantile
500 grams. The recovered contraband was
converted into separate parcels and sealed with seal
having inscription "SS". Sh. Ranjeet Singh, SDO,
Water Services, Fatehabad also affixed his seal
having inscription "DS" and the recovered
contraband was taken into police possession vide a
separate seizure-memo. The present case FIR was
registered. The present petitioner/accused Sonu and
co-accused Sanjay @ Sanju were arrested and they
suffered their disclosure statements regarding their
involvement in the present case."
3. Counsel for the petitioner relies upon order dated
02.08.2023 passed by this Court in CRM-M-33268-2022 to submit that
the petitioner is similarly situated to Sanjay @ Sanju and has behind bar
since the date of occurrence i.e. 07.12.2020 and has now undergone
custody of more than two years and 05 months. Investigation already
stands concluded and the challan was presented way back on
25.10.2021 and till now 09 witnesses, out of 16 cited witnesses have
3 of 10
Neutral Citation No:=2023:PHHC:103238
2023:PHHC:103238
been examined.
4. Counsel for the State does not dispute that the petitioner
would be similarly situated to Sanjay @ Sanju, who has been granted
concession of regular bail observing as under:-
"Reliance has been placed upon judgment
passed by the Apex Court in the case of "Deeraj
Kumar Shukla Vs. The State of Uttar Pradesh"
2022(4) All.LJ 518 wherein this Court has held as
under:-
"xxxx
1. The allegations are that on a secret
information, the police authorities
intercepted two vehicles on 23.06.2020
i.e. one "Gray' coloured "Honda City Car
and the second "White' coloured "Swift
Dzire' Car. On an interrogation at the
spot, Praveen Maurya@ Puneet Maurya,
Rishab Kumar Maurya and Dheeraj
Kumar Shukla were found to be
occupants of the Honda City Car whereas
the petitioner was driving the Swife Dzire
Car. On taking a search, more than 92
kgs. Ganja was allegedly recovered from
Honda City' Car whereas more than 65
kgs. Ganja was recovered from Swift
Dzire Car. The accused were arrested at
the spot. The petitioner is, thus, in
custody since 24.06.2020.
2. It appears that some of the occupants of
the Honda City' car including Praveen
Maurya @ Puneet Maurya have since
been released on regular bail. It is true
that the quantity recovered from the
4 of 10
Neutral Citation No:=2023:PHHC:103238
2023:PHHC:103238
petitioner is commercial in nature and the
provisions of Section 37 of the Act may
ordinarily be attracted. However, in the
absence of criminal antecedents and the
fact that the petitioner is in custody for
the last two and a half years, we are
satisfied that the conditions of Section 37
of the Act can be dispensed with at this
stage, more so when the trial is yet to
commence though the charges have been
framed.
3. For the reasons stated above but
without expressing any views on the
merits of the case, the petitioner is
directed to be released on bail subject to
his furnishing bail bonds to the
satisfaction of the Trial Court.
4. It is made clear that in addition to the
conditions that may be imposed by the
Trial Court, the petitioner shall be
required to appear before the Trial Court
on every date of hearing. In case the
petitioner is found to be involved in
future in any other similar case, the
respondent - State shall be at liberty to
seek cancellation of bail granted to him
by this Court.
5.The Special Leave Petition stands
disposed in the above terms.
7. As a result, pending interlocutory
application also stands disposed of ".
5. Learned counsel further relies upon judgment
passed by Hon'ble Apex Court in the case of "Rabi
Prakash Vs. The State of Odisha" Special Leave
5 of 10
Neutral Citation No:=2023:PHHC:103238
2023:PHHC:103238
to Appeal(Crl.) No(s). 4169/2023 wherein this
Court has held as under:-
"1. The petitioner seeks his enlargement
on bail in P.S.Case No.91 of 2019,
registered at Police Station Semiliguda,
District Koraput, out of which T.R.Case
No.27 of 2019 is pending in the Court of
Addl.Sessions Judge-cum-Special Judge,
Koraput, for commission of offence
punishable under Section 20(b)(ii)(C) of
the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short, 'the
NDPS Act').
2. The prosecution case appears to be that
the police party while on patrolling duty
on 02.10.2019 at about 12.30 p.m. on
Nandapur-Semiliguda road MDR-55,
spotted one full body twelve wheeler
Truck (Eicher) bearing No.EB-13-BD-
5753 coming from Nandapur side at a
high speed and accordingly they chased
and detained the truck at Bodenga Chhak
and found three persons boarded in the
said truck including the driver.
Eventually, 247 kg. Ganja was recovered
from the truck. The petitioner was one of
the occupants of the truck and was
arrested at the spot. He has been in
custody for more than three and a half
years. There are no criminal antecedents
against the petitioner.
3. We are informed that the trial has
commenced but only 1 out of the 19
witnesses has been examined. The
6 of 10
Neutral Citation No:=2023:PHHC:103238
2023:PHHC:103238
conclusion of trial will, thus, take some
more time.
4. As regard to the twin conditions
contained in Section 37 of the NDPS Act,
learned counsel for the respondent - State
has been duly heard. Thus, the 1st
condition stands complied with. So far as
the 2nd condition re: formation of
opinion as to whether there are reasonable
grounds to believe that the petitioner is
not guilty, the same may not be formed at
this stage when he has already spent more
than three and a half years in custody.
The prolonged incarceration, generally
militates against the most precious
fundamental right guaranteed under
Article 21 of the Constitution and in such
a situation, the conditional liberty must
override the statutory embargo created
under Section 37(1)(b)(ii) of the NDPS
Act.
5. However, we find some merit in the
contention of learned counsel for the
respondent - State that the petitioner
being not a resident of the State of Orissa,
some stringent conditions are required to
be imposed upon him.
6. Consequently, while directing that the
petitioner shall be released on bail on his
furnishing bail bonds to the satisfaction
of the Trial Court, it is directed that he
shall be required to produce two local
sureties before the Trial Court. The
petitioner shall also appear before the
7 of 10
Neutral Citation No:=2023:PHHC:103238
2023:PHHC:103238
Trial Court on every date 3 of hearing. In
case he absents himself, it shall be taken
as a misuse of concession of bail granted
to him today by this Court. Ordered
accordingly.
7. The Special Leave Petition stands
disposed of accordingly.
8. As a result, pending interlocutory
applications also stand disposed of.
6. Keeping in view the aforesaid law that
wherever there is denial of right for speedy trial to
an under-trial rigours of Section 37 will have to
pave way for liberty.
7. The aforesaid assertions made by learned
counsel for the petitioner has not been controverted
by counsel for the State.
8. I have heard learned counsel for the parties
and have gone through the record of the case.
9. Without commenting on the merits of the
case, the present petition is allowed. The petitioner
is ordered to be released on regular bail on his
furnishing bail/surety bonds to the satisfaction of
the Ld. Trial Court/Duty Magistrate, concerned.
Without commenting on the merits of the case, the
present petition is allowed. The petitioner is ordered
to be released on regular bail on his furnishing
bail/surety bonds to the satisfaction of the Ld. Trial
Court/Duty Magistrate, concerned. However, in
addition to conditions that may be imposed by the
Trial Court/Duty Magistrate concerned, the
petitioner shall remain bound by the following
conditions :-
(i) The petitioner shall not mis-use the
liberty granted.
8 of 10
Neutral Citation No:=2023:PHHC:103238
2023:PHHC:103238
(ii) The petitioner shall not tamper with
any evidence oral or documentary during
the trial.
(iii) The petitioner shall not absent
himself on any date before the trial.
(iv) The petitioner shall not commit any
offence similar to the one alleged in the
present case.
(v) The petitioner shall deposit his
passport, if any with the trial Court.
(vi) The petitioner shall give his
cellphone number to the police authorities
and shall not change his cell-phone
number without permission of the trial
Court.
(vii) The petitioner shall not in any
manner try to delay the trial.
10. In case of breach of any of the aforesaid
conditions and those which may be imposed by the
Trial Court, the prosecution shall be at liberty to
move cancellation of bail of the petitioner.
11. Ordered accordingly."
5. Granting parity, the petitioner is ordered to be released on
regular bail on his furnishing bail/surety bonds to the satisfaction of the
Ld. Trial Court/Duty Magistrate, concerned. However, in addition to
conditions that may be imposed by the Trial Court/Duty Magistrate
concerned, the petitioner shall remain bound by the following
conditions :-
(i) The petitioner shall not mis-use the liberty
granted.
(ii) The petitioner shall not tamper with any
evidence oral or documentary during the trial.
9 of 10
Neutral Citation No:=2023:PHHC:103238
2023:PHHC:103238
(iii) The petitioner shall not absent himself on any
date before the trial.
(iv) The petitioner shall not commit any offence
similar to the one alleged in the present case.
(v) The petitioner shall deposit his passport, if any
with the trial Court.
(vi) The petitioner shall give his cellphone number
to the police authorities and shall not change
his cell-phone number without permission of
the trial Court.
(vii) The petitioner shall not in any manner try to
delay the trial.
6. In case of breach of any of the aforesaid conditions and
those which may be imposed by the Trial Court, the prosecution shall
be at liberty to move cancellation of bail of the petitioner.
7. Ordered accordingly.
(PANKAJ JAIN)
JUDGE
09.08.2023
Dinesh
Whether speaking/reasoned : Yes
Whether Reportable : No
Neutral Citation No:=2023:PHHC:103238
10 of 10
