Punjab-Haryana High Court
Kala Singh vs State Of Punjab on 20 January, 2023
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CRM-M-40587 of 2021
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-40587 of 2021
Date of decision: 20.01.2023
Kala Singh
...........Petitioner
versus
State of Punjab
.......Respondent
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. J.S. Sandhu, Advocate, for the petitioner.
Mr. Jashanpreet Singh, DAG, Punjab.
NAMIT KUMAR, J. (ORAL)
This petition has been filed by the petitioner under Section 439
Cr.P.C. seeking regular bail in case FIR No.01 dated 05.01.2020 under
Sections 22, 25, 29 of the Narcotic Drugs and Psychotropic Substances Act,
1985, registered at Police Station Rurekalan, Barnala, District Barnala.
As per the prosecution version, on 05.01.2020 ASI Gurmail
Singh along-with other police party in connection with patrolling and
checking of suspected persons were present at Bus Stand, Rureke Kalan.
Then he has received a secret information that Jasvir Singh @ Kala used to
bring the intoxicant tablets and used to sold the same. If naka be laid on the
link road of village Mehta to Rureke Kalan then he could be apprehended
alongwith huge quantity of intoxicant tablets and then the case was
registered against him. Then further investigation in the present case is
carried out by ASI Manjit Singh. Then ASI Manjit Singh has apprehended
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Jasvir Singh @ Kala and from his possession 1000 tablets of Clovidol 100-
SR were recovered and he was arrested in the present case. Then during the
investigation of the present case, petitioner-Kala Singh was nominated as an
accused and offence U/s 29 NDPS Act was added.
Learned counsel for the petitioner submits that the petitioner is
innocent and has been falsely implicated in the present case. He was not
named in the FIR and has been nominated as accused on the basis of
disclosure statement of co-accused Jasvir Singh @ Kala, who was arrested
at the spot on 05.01.2020. Petitioner was arrested on 07.01.2020. Learned
counsel further submits that investigation in the present case is complete;
challan has been presented; charges have been framed and out of total 13
prosecution witnesses only four witness have been examined and the case is
now fixed before the trial Court on 02.02.2023. He further submits that co-
accused of the petitioner, namely Jasbir Singh @ Kala has been granted
regular bail by a Co-ordinate Bench of this Court vide order dated
21.11.2022 passed in CRM-M-36142 of 2022 - Jasbir Singh @ Kala v.
State of Punjab. Trial may take a considerable time to conclude. Therefore,
no fruitful purpose would be served by detaining the petitioner behind bars.
Per contra, learned State counsel has opposed the prayer for
grant of regular bail to the petitioner. However, he could not refute that out
of total 13 prosecution witnesses only four witness have been examined till
date; petitioner is in custody for the last 03 years 12 days and the trial may
take a considerable time to conclude.
I have heard learned counsel for the parties and perused the
record.
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In view of the custody period undergone by the petitioner, 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 Decision Title of case Period which the
accused had
undergone when
granted bail by
Hon'ble
Supreme Court
Criminal Appeal 07.02.2020 Chitta Biswas @ 1 year and 7
No.245/2020 Subhas Vs. the months
State of West
Bengal
Criminal Appeal 12.10.2020 Amit Singh Moni 2 years and 7
No.668/2020 Vs. State of months
Himachal
Pradesh
Special Leave to 01.08.2022 Nitish Adhikary 1 year and 7
Appeal (Crl.) @ Bapan Vs. the months
No.5769/2022 State of West
Bengal
Special Leave to 04.08.2022 Shariful Islam @ 1 year and 6
Appeal (Crl.) Sarif Vs. the State months
No.4173 of 2022 of West Bengal
Criminal Appeal 05.08.2022 Gopal Krishna 2 years 1 month
No.1169 of 2022 Patra @ and 17 days
Gopalrusma Vs.
Union of India
Special Leave to 22.08.2022 Mohammad About 2 years
Appeal (Crl.) Salman Hanif
No.5530-2022 Shaikh Vs. the
State of Gurjarat
Keeping in view the custody of the petitioner, which is 03 years
12 days; co-accused has already been granted the concession of regular bail
by a Co-ordinate Bench of this Court; investigation is complete; challan has
been presented; charges have been framed and out of 13 prosecution
witnesses, only four prosecution witnesses has been examined and trial is
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likely to take a considerable time, however, without commenting upon the
merits of the case, the petitioner is ordered to be released on regular bail
during trial on his furnishing bail bonds/surety bonds to the satisfaction of
Illaqa Magistrate/Trial Court.
The petition stands disposed off accordingly.
(NAMIT KUMAR)
20.01.2023 JUDGE
R.S.
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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