Punjab-Haryana High Court
Tasleem vs State Of Punjab on 3 July, 2023
Neutral Citation No:=2023:PHHC:083100
CRM-M-27786-2023 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
214
CRM-M-27786-2023
Date of decision : 3.7.2023
2023:PHHC:083100
Tasleem .....Petitioner
Versus
State of Punjab ..... Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: Mr.Tarun Kumar, Advocate for the petitioner
Mr.HS Sullar, Sr.DAG, Punjab
AMAN CHAUDHARY, J.
1. The present petition has been filed under Section 439 Cr.P.C.
for the grant of regular bail to the petitioner in case FIR No.0147 dated
23.06.2022, registered under Section 22 of the NDPS Act (Section 29 of
NDPS Act added later on), at Police Station Sadar Nabha, District Patiala.
2. Learned counsel contends that in an earlier petition, the
petitioner was granted interim anticipatory bail vide order dated 31.8.2022,
Annexure P-4, however, later on it was ordered to be dismissed as
withdrawn vide order dated 15.03.2023, Annexure P-5, whereafter, he was
arrested on 28.04.2023 and since then, he is in custody. He has alleged false
implication and no contraband was recovered from him. His name surfaced
on the disclosure statement of co-accused, from whom, the alleged recovery
was effected. Challan has been presented, wherein also there is no evidence
to connect him to the recovery that was effected from co-accused Mohd.
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Kamil. Two more co-accused, namely, Mohammad Shakir and Ashish
Kumar, from whom 10500 tablets were recovered, however, found to be not
falling in the category of Psychotropic or Narcotics substance, have already
been granted regular bail by this Court vide Annexure P-2 and P-3, one of
whom was in custody for 2 months and 25 days. He further submits that the
charges have not been framed. In all there are 18 prosecution witnesses. The
petitioner is not involved in any other case. He relies on the judgment
passed by Hon'ble The Supreme Court in the case of Tofan Singh vs. State
of Tamil Nadu, 2021(1) RCR (Crl.) 1.
3. The custody certificate dated 02.07.2023 has been filed by
learned State counsel, which is taken on record. As per the same, the
petitioner is behind bars since 28.04.2023.
4. Learned State counsel opposes the bail on the ground that the
petitioner was specifically named by the co-accused, from whom, the
recovery of commercial quantity of contraband was effected. He is however
unable to controvert the submissions with regard to the stage of the case;
co-accused have already been granted regular bail; no recovery effected
from the petitioner and he not being involved in any other case.
5. Heard.
6. Keeping in view the afore-referred judgment and the facts and
circumstances of the case, in particular that the petitioner is in custody since
28.04.2023, no recovery has been effected from him as his name surfaced
on the disclosure statement of the co-accused; not involved in any other
case; co-accused have already been released on bail; challan was presented,
but the charges are yet to be framed; there are 18 prosecution witnesses; the
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trial is likely to take a considerable time, his further incarceration would not
serve any useful purpose, thus the present petition for grant of regular bail
deserves to be allowed.
7. As a result, the present petition is allowed. The petitioner is
ordered to be released on regular bail on his furnishing bail/surety bonds to
the satisfaction of trial Court/Duty Magistrate concerned and subject to his
not being required in any other case. The petitioner shall abide by the
following conditions:-
1. The petitioner will not tamper with the evidence
during the trial.
2. The petitioner will not pressurize/ intimidate the
prosecution witnesses.
3. The petitioner will appear before the trial Court on
each and every date fixed, unless is exempted by a
specific order of Court.
4. The petitioner shall not commit an offence similar to
the offence of which, he is an accused, or for
commission of which he is suspected of.
5. The petitioner shall not directly or indirectly coerce,
induce, threaten or promise to any person acquainted
with the facts of the case so as to dissuade him/ her
from disclosing such facts to the Court or to any police
officer or tamper with the evidence in any manner.
6. The petitioner shall not in any manner misuse his
liberty.
7. The petitioner shall furnish his address and mobile
number to the Trial Court forthwith and shall not
change the same till the conclusion of the trial and in
case for any reason, the petitioner seeks to change any
of the aforesaid, the same shall be done only with prior
intimation to the learned Trial Court, stating the
reason for the same.
8. The petitioner shall not leave the country without prior
permission of the trial Court.
9. The trial Court/ Duty Magistrate may impose any
other condition, as deemed appropriate while releasing
the petitioner.
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8. It is made abundantly clear that in case there is any breach of
the aforesaid conditions, the State shall be at liberty to seek cancellation of
bail as granted to the petitioner by this order.
9. In view of the above, it is clarified that the observations made
herein are limited for the purpose of present proceedings and would not be
construed as any opinion on the merits of the case and the trial would
proceed independently of the aforesaid observations.
03.07.2023 (AMAN CHAUDHARY)
gsv JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
Neutral Citation No:=2023:PHHC:083100
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