Punjab-Haryana High Court
Mintu Mandal vs State Of Punjab on 18 January, 2023
In the High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-23272-2022 (O&M)
Date of Decision:-18.1.2023
Mintu Mandal ... Petitioner
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Lakhvir Kumar, Advocate for the petitioner.
Mr. Siddharth Attri, AAG, Punjab,
assisted by ASI Bhupinder Singh.
*****
GURVINDER SINGH GILL, J. (Oral)
1. The petitioner seeks grant of regular bail in respect of a case registered vide
FIR No.239, dated 1.7.2019 at Police Station Phillaur, District Jalandhar
(Rural) under Section 22 of Narcotic Drugs & Psychotropic Substances Act.
2. As per the case of prosecution, on 1.7.2019 when a police party was
patrolling in the area of Village Garha, then a young person was noticed
coming on foot, who upon seeing the police party immediately turned back.
The said young person was carrying a black coloured polythene bag in his
hand. The police apprehended the said person, who upon inquiry disclosed
his name as Mintu Mandal. The search of the bag carried by Mintu Mandal
led to recovery of 11 injections of 'Avil-10' and 12 injections of 'Leegesic', 2
ml. each (containing Buprenorphine Hydrochloride) were recovered.
PANKAJ KAKKAR
2023.01.18 16:24
I attest to the accuracy and
authenticity of this document
(2) CRM-M-23272-2022 (O&M)
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 3 years and 6
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 3 years and 6 months. It has
also been informed that the petitioner is not involved in any other case.
Learned State counsel has further informed that as on date only 3 PWs out of
the cited 8 PWs have been examined.
5. This Court has considered the rival submissions.
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 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
PANKAJ KAKKAR
2023.01.18 16:24
I attest to the accuracy and
authenticity of this document
(3) CRM-M-23272-2022 (O&M)
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
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
Criminal 22.11.2022 Karnail Singh Vs. The State 1 Year and 8 months
Appeal No. of Odisha
2027-2022
Special Leave 25.11.2022 Karim Adaldar Vs. The State 10 months
to Appeal of West Bengal
(Crl.) No.
8653-2022
7. 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 3 PWs out of the cited 8 PWs have
been examined so far, the petition merits acceptance and is hereby accepted.
8. 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.
9. 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.
18.1.2023 ( Gurvinder Singh Gill )
pankaj Judge
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
PANKAJ KAKKAR
2023.01.18 16:24
I attest to the accuracy and
authenticity of this document
