Punjab-Haryana High Court
Hazura Singh vs State Of Punjab on 6 December, 2023
Author: Pankaj Jain
Bench: Pankaj Jain
Neutral Citation No:=2023:PHHC:155670
CRM-M-60355-2023 1
2023:PHHC:155670
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
237 CRM-M-60355-2023
Date of decision : 06.12.2023
Hazura Singh ...... Petitioner
versus
State of Punjab ...... Respondent
CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN
Present: Mr. L.S. Bhullar, Advocate
for the petitioner.
Mr. Kunal Vinayak, AAG, Punjab.
****
PANKAJ JAIN, J. (Oral)
1. Present petition has been filed under Section 439 Cr.P.C.
for grant of regular bail to the petitioner in case bearing FIR No.211
dated 07.12.2015, registered for the offences punishable under Sections
18 & 21 of the NDPS Act, 1985 and Sections 25 & 27 of Arms Act at
Police Station Mehatpur, District Jalandhar.
2. Counsel for the petitioner submits that the petitioner was
nominated on the basis of disclosure made by the co-accused as source
of contraband. Further submits that in the absence of the petitioner, the
other co-accused from whom recovery was effected were tried. On
trial, they have earned acquittal. Judgment dated 04.10.2021 has been
placed on record as Annexure P-2. Petitioner was declared as
'Proclaimed Offender' vide order dated 10.06.2016. The same was
challenged by the petitioner before this Court by way of CRM-M-
60672-2022 which was disposed off vide order dated 27.04.2023
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observing as under:-
"xx xx xx
9. In view of the above stand taken by the
counsel for the petitioner, the instant petition is
disposed of with a direction that in case petitioner
surrenders before the trial Court within a period of
three weeks from today and applies for regular bail,
then his prayer for regular bail be decided
expeditiously (if possible), in accordance with law.
In the meanwhile, no coercive steps be taken
against the petitioner for a period of three weeks
from today.
10. It is made clear that in case the petitioner
does not surrender before the trial Court within the
aforementioned period of 3 weeks from today, then
the instant petition shall be deemed to have been
dismissed."
3. As per the counsel representing the State, the petitioner did
not surrender in terms of the said order. Thus, the aforesaid petitions in
terms of the order is deemed to have been dismissed. However, the fact
remains that the petitioner was arrested and is behind bars for 03
months and 15 days.
4. Keeping in view the fact that the main accused already
have earned acquittal, this Court does not find any reason as to why the
custody of the petitioner should be prolonged as a punitive measure.
5. Consequently, the present petition is allowed. 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
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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.
(iii) The petitioner shall not absent himself on any
date before the trial.
(iv) The petitioner shall not commit any offence
while on bail.
(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
06.12.2023
Dinesh
Whether speaking/reasoned : Yes
Whether Reportable : No
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