Bikramjit Singh Alias Bikka vs State Of Punjab
2023 Latest Caselaw 1448 P&H

CRM-M-34798-2022 (O&M)                                                   -1-


    IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                HARYANA AT CHANDIGARH

                                                 CRM-M-34798-2022 (O&M)
                                                  Date of decision: 23.01.2023


Bikramjit Singh @ Bikka                                            ...Petitioner


                                        Versus


State of Punjab                                                  ...Respondent


CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:-    Mr. Vikas Gupta, Advocate
             for the petitioner.

             Mr. Teevar Sharma, AAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral)

This is the second petition that has been filed under Section 439

of the Code of Criminal Procedure for grant of regular bail to the petitioner

in case FIR No. 7 dated 11.01.2021, registered under Section 21 of the

Narcotic Drugs & Psychotropic Substances Act, 1985 at Police Station Raja

Sansi, District Amritsar (Rural).

The first petition, bearing CRM-M-36435-2021, was dismissed

as withdrawn on 10.03.2022.

Learned counsel for the petitioner submits that the new ground

for filing the present petition is that the petitioner is in judicial custody for

the last more than 02 years and out of total 13 prosecution witnesses, only

02 witnesses have been examined so far.

Learned counsel for the petitioner further submits that as per

allegations in the FIR, the police party, while on a patrol duty, noticed a

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person coming on a motorcycle, who, after seeing the police party, became

perplexed and tried to turn back the motorcycle, however, he was

apprehended by the police. On enquiry, he disclosed his name as 'Bikramjit

Singh @ Bikka', i.e. the present petitioner. On suspicion, he was given a

notice with an offer to be searched either before a Gazetted Officer of a

Magistrate, upon which, he got recorded his non-consent memo and a

Gazetted Officer was called at the spot and thereafter, recovery of 270

grams of heroin was effected.

Learned counsel for the petitioner further submits that the

petitioner is in judicial custody for the last more than 02 years and till date,

only 02 prosecution witnesses have been examined as the trial is

substantially delayed due to Covid-19 situation.

Learned State counsel, on instructions from ASI Gurbachan

Singh and on the basis of the custody certificate filed today in Court, could

not dispute the factual position, however, it is submitted that the petitioner

is involved in one more case under the NDPS Act but he is on bail in the

said case.

I have heard learned counsel for the parties.

Without commenting upon the merits of the case, considering

the fact that the petitioner is in judicial custody for the last more than 02

years and conclusion of trial is likely to take a long time as out of 13

prosecution witnesses, only 02 witnesses have been examined so far and

and also in view of the judgment of the Hon'ble Supreme Court rendered in

Satender Kumar Antil Vs. Central Bureau of Investigation and anr., SLP

(Crl.) No.5191 of 2021, decided on 11.07.2022; the instant petition is

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allowed. The petitioner is ordered to be released on regular bail on his

furnishing bail/surety bonds to the satisfaction of the trial Court/Duty

Magistrate/Illaqa Magistrate, concerned.

23.01.2023                                     (ARVIND SINGH SANGWAN)
Waseem Ansari                                          JUDGE




                Whether speaking/reasoned                     Yes/No

                Whether reportable                            Yes/No




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