Punjab-Haryana High Court
Sonu vs State Of Punjab on 4 July, 2023
Neutral Citation No:=2023:PHHC:084599
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CRM-M-5381 of 2023
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-5381 of 2023
Date of decision: 04.07.2023
Sonu
...........Petitioner
versus
State of Punjab
.......Respondent
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Rishav Jain, Advocate,
for the petitioner.
Ms. Anju Sharma Kaushik, DAG, Punjab.
NAMIT KUMAR, J. (ORAL)
1. This petition has been filed by the petitioner under Section 439
Cr.P.C. seeking regular bail in case FIR No.109 dated 10.07.2022 under
Section 21/61 of the Narcotic Drugs and Psychotropic Substances Act,
1985, registered at Police Station Division No.4, District Patiala.
2. As per FIR, on 10.07.2022 a police party was present at T-Point
of Gurudwara Sahib, Patiala, and at about 7.00 p.m. the police party saw a
young person aged about 27 years coming along with a plastic bag in his
right hand. When the said boy was tried to be stopped he threw the plastic
bag on the road and ran away from the spot. On search, 50 grams of smack
was recovered from the said plastic bag. Petitioner was arrested on
10.10.2022.
3. Learned counsel for the petitioner submits that petitioner is
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innocent and has been falsely implicated in the present case. He was not
arrested from the spot and no recovery has been effected from the petitioner.
He further submits that alleged recovery has been planted upon the
petitioner. He further submits that alleged recovery of 50 grams of smack
falls under the category of "non-commercial quantity". He further submits
that investigation in the present case is complete; challan has been
presented; charges have been framed; out of total 14 prosecution witnesses
none has been examined and the case is now fixed before the trial Court on
29.07.2023. He submits that petitioner is in custody since 10.10.2022 and
trial may take a considerable time to conclude. Therefore, no fruitful
purpose would be served by detaining the petitioner behind bars.
4. Per contra, learned State counsel while placing on record the
status report dated 03.07.2023 has opposed the prayer for grant of regular
bail to the petitioner by submitting that petitioner is a habitual offender as
he is involved in ten more cases. However, she could not refute that in the
said cases the petitioner is on bail and the alleged recovery falls under the
category of "non-commercial quantity"; investigation in the present case is
complete; challan has been presented; charges have been framed; out of
total 14 prosecution witnesses none has been examined; petitioner is in
custody for the last about nine months and trial may take a considerable
time to conclude.
5. Learned counsel has relied upon the judgment of Hon'ble
Supreme Court in Maulana Mohd. Amir Rashadi Vs. State of U.P. and
another, 2012 (2) SCC 382 to contend that the facts and circumstances of
the present case are to be seen while deciding a bail application and the bail
application of the petitioner cannot be rejected solely on the ground that the
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petitioner is involved in other cases. The relevant portion of the said
judgment is reproduced hereinbelow:-
"As observed by the High Court, merely on the basis of criminal
antecedents, the claim of the second respondent cannot be
rejected. In other words, it is the duty of the Court to find out the
role of the accused in the case in which he has been charged and
other circumstances such as possibility of fleeing away from the
jurisdiction of the Court etc."
6. I have heard learned counsel for the parties and perused the
record.
7. Keeping in view the custody of the petitioner, which is about
nine months; investigation is complete; challan has been presented; charges
have been framed and out of 14 prosecution witnesses, none has been
examined as yet and trial is likely to take a considerable time to conclude,
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.
8. The petition stands disposed of accordingly.
(NAMIT KUMAR)
04.07.2023 JUDGE
R.S.
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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