Suraj Singh vs State Of Punjab
2023 Latest Caselaw 21745 P&H

Punjab-Haryana High Court

Suraj Singh vs State Of Punjab on 13 December, 2023

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

                                                           Neutral Citation No:=2023:PHHC:159573




        IN THE HIGH COURT OF PUNJAB & HARYANA AT
                     CHANDIGARH

                                                2023:PHHC:159573
(209)                                           CRM-55292-2023
                                                Date of Decision: 13.12.2023
Suraj Singh                                                  --Petitioner
                           Versus
State of Punjab                                              --Respondent
CORAM:- HON'BLE MR. JUSTICE GURVINDER SINGH GILL.

Present:-     Mr. Yashpal Thakur, Advocate for the petitioner.

              Ms. Anju Sharma Kaushik, DAG, Punjab.

              ***

FIR No. Dated Police Station Section/s 50 10.4.2021 Sirhind, District 20(b)(ii) C of Narcotic Drugs Fatehgarh Shib, and Psychotropic Substances Punjab Act, 1985

GURVINDER SINGH GILL.J (Oral)

1. The instant petition has been filed on behalf of the petitioner

seeking grant of regular bail in respect of aforementioned FIR.

2. As per the case of prosecution, the petitioner was apprehended

by the police while in possession of 21 kilograms of 'ganja'.

3. 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 has been behind bars for a substantial period of more than

2 years and 8 months and since the trial is proceeding at snail's pace, the

petitioner cannot be kept behind bars for an indefinite period.

4. 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 2 years

1 of 4

Neutral Citation No:=2023:PHHC:159573

and 8 months. It has also been informed that the petitioner is not involved in

any other case. Learned State counsel has informed that as on date 8 PWs

out of the cited 13 PWs have been examined.

5. This Court has considered the 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 Date of Decision Title of case Period which the Number accused had undergone when granted bail by Hon'ble Supreme Court.

 Criminal      07.02.2020          Chitta Biswas @ Subhas           1 year and 7
 Appeal                             Vs. the State of West             months
   No.                                     Bengal
245/2020
 Criminal      12.10.2020           Amit Singh Moni Vs.            2 years and 7
 Appeal                              State of Himachal                months
   No.                                    Pradesh
668/2020
  Special      01.08.2022         Nitish Adhikary @ Bapan           1 year and 7
 Leave to                           Vs. the State of West             months
  Appeal                                   Bengal
   (Crl.)
 No.5769/

  Special      04.08.2022           Shariful Islam @ Sarif          1 year and 6
 Leave to                            Vs. the State of West            months
  Appeal                                    Bengal
   (Crl.)
 No.4173/

Criminal       05.08.2022          Gopal Krishna Patra @ 2 years 1 month
 Appeal                           Gopalrusma Vs. Union of  and 17 days
No. 1169/                                  India





                                        2 of 4

Neutral Citation No:=2023:PHHC:159573

Special 22.08.2022 Mohammad Salman Hanif About 2 years Leave to Shaikh Vs. the State of Appeal Gujarat (Crl.) No.5530/

Criminal 22.11.2022 Karnail Singh Vs. The 1 year and 8 Appeal State of Odisha months No. 2027/

Special 25.11.2022 Karim Adaldar Vs. The 10 months Leave to State of West Bengal Appeal (Crl.) No.8653/

7. Hon'ble Supreme Court in yet another judgment dated

25.1.2023 arising out of SLP No.6690-2022 titled Dheeraj Kumar Shukla

Vs. State of Uttar Pradesh has granted bail in a case registered under the

NDPS Act where the accused alongwith co-accused was found in

possession of 'commercial' quantity of 'Ganja' and had been behind bars

since the last two and a half years while observing that in the absence of any

criminal antecedents, the conditions of Section 37 of the NDPS Act could

be dispensed with at that stage, particularly when there was delay in

conclusion of trial.

8. Keeping in view the totality of the facts and circumstances of

the case, particularly long custody of the petitioner and also the fact that the

petitioner is having a clean record and that conclusion of trial is likely to

consume time inasmuch as only 8 PWs out of the cited 13 PWs have been

examined so far, the petition merits acceptance and is hereby accepted.

9. 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.

3 of 4

Neutral Citation No:=2023:PHHC:159573

10. 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.

(GURVINDER SINGH GILL) JUDGE 13.12.2023 lucky Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

Neutral Citation No:=2023:PHHC:159573

4 of 4