Punjab-Haryana High Court
Raj Kumar vs State Of Punjab on 10 January, 2023
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
216
CRM-M-61059-2022 (O&M)
Date of Decision: 10.01.2023
Raj Kumar ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Mr. Parminder Walia, Advocate, for the petitioner.
Mr. Luvinder Sofat, DAG, Punjab.
GURVINDER SINGH GILL, J. (Oral)
1. The petitioner seeks grant of regular bail in respect of a case registered
against him vide FIR No.60 dated 15.03.2019 at Police Station City Sri
Muktsar Sahib, Punjab under Sections 18, 29 of the NDPS Act and
Sections 465/471/120-B IPC.
2. As per the prosecution, on 15.03.2019, the petitioner alongwith his co-
accused was found in possession of 30 Kgs. of opium. It is further the
case of the prosecution that the petitioner also entered into criminal
conspiracy to prepare forged registration certificate of car bearing
registration No.HR-26-BE-8445.
3. Learned counsel for the petitioner has submitted that the petitioner has
falsely been 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 & 9 months and that since the trial is proceeding at snail's
pace, the petitioner deserves the concession of regular bail.
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CRM-M-61059-2022 (O&M) -2-
4. On the other hand, learned State counsel has submitted that since the
petitioner was caught red handed while in possession of huge quantity of
'opium', no case for grant of bail is made out. Learned State counsel has,
however, not disputed the fact that the petitioner has been behind bars
since the last more than 3 years & 9 months. It has been informed that as
on date only 6 out of cited 22 PWs have been examined and that the
petitioner is not involved in any other case.
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
No.8653-2022
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CRM-M-61059-2022 (O&M) -3-
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 only 6 out
of the cited 22 PWs have 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.
10.01.2023 (GURVINDER SINGH GILL)
Vimal JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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