Punjab-Haryana High Court
Navdeep Kumar Alias Narender ... vs State Of Haryana on 31 January, 2023
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-22583-2022 (O&M)
Date of Decision: 31.01.2023
Navdeep Kumar @ Narender @ Kala ...Petitioner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Mr. Lokesh Sharma, Advocate, for the petitioner.
Mr. Munish Sharma, AAG, Haryana.
GURVINDER SINGH GILL, J. (Oral)
1. The petitioner has approached this Court seeking grant of regular bail in
respect of a case registered against him vide FIR No.104 dated 18.05.2020 at
Police Station Sadar Tohana, District Fatehabad, under Section 51(b) of the
Disaster Management Act, 2005; Sections 188 & 269 IPC and Section 22(c)
of the NDPS Act.
2. The allegations, in nutshell, are to the effect that the petitioner was found in
possession of 2500 tablets of NRX Tramadol Hydrochloride Prolonged
when he was apprehended by the police party, which was conducting
checking by laying barricades 1 Km. away from Kullan Chowk towards City
Ratia in connection with Covid-19 Lockdown duty and prevention of
narcotic substance.
3. Learned counsel for the petitioner has submitted that the petitioner came to
be involved falsely in the present case and has nothing to do with trafficking
of any drug. It has further been submitted that the petitioner has been behind
bars for a substantial period of more than 2 years & 8 months and that since
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(2) CRM-M-22583-2022 (O&M)
the trial is proceeding at snail's pace, the petitioner deserves the concession
of regular bail.
4. On the other hand, learned State counsel has submitted that since the
petitioner was caught red handed at the spot and huge quantity of contraband
was recovered from him, he does not deserve the concession of regular bail.
Learned State counsel has, however, informed that the petitioner has been
behind bars since the last about 2 years, 8 months & 13 days. Learned State
counsel has also informed that the petitioner is not involved in any other
case. It has also been informed that as on date none out of cited 27 PWs has
been examined.
5. This Court has considered 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 No. Date of Title of case Period which the
Decision accused had
undergone when
granted bail by
Hon'ble Supreme
Court
Criminal Appeal 07.02.2020 Chitta Biswas @ Subhas 1 year & 7 months
No.245/2020 Vs. The State of West
Bengal
Criminal Appeal 12.10.2020 Amit Singh Moni Vs. State 2 years & 7 months
No.668/2020 of Himachal Pradesh
Special Leave to 01.08.2022 Nitish Adhikary @ Bapan 1 year & 7 months
Appeal (Criminal) Vs. The State of West
No.5769/2022 Bengal
Special Leave to 04.08.2022 Shariful Islam @ Sarif Vs. 1 year & 6 months
Appeal (Criminal) The State of West Bengal
No.4173/2022
Criminal Appeal 05.08.2022 Gopal Krishna Patra @ 2 years, 1 month &
No.1169/2022 Gopalrusma Vs. Union of 17 days
India
Special Leave to 22.08.2022 Mohammad Salman Hanif About 2 years
Appeal (Criminal) Shaikh Vs. The State of
No.5530/2022 Gujarat
Criminal Appeal 22.11.2022 Karnail Singh Vs. The 1 year & 8 months
No.2027-2022 State of Odisha
Special Leave to 25.11.2022 Karim Adaldar Vs. The 10 months
Appeal (Criminal) State of West Bengal
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No.8653-2022
7. Keeping in view the totality of the facts and circumstances of the case
particularly the long custody of the petitioner and the fact that none out of
cited 27 PWs has been examined till date, 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.
31.01.2023 (GURVINDER SINGH GILL)
Vimal JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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