Punjab-Haryana High Court
Lakhbir Singh vs State Of Punjab on 24 November, 2023
Author: Rajbir Sehrawat
Bench: Rajbir Sehrawat
Neutral Citation No:=2023:PHHC:150199
CRM-M No.1566 of 2023 (O&M) 2023:PHHC:150199
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
209-2
CRM-M No.1566 of 2023 (O&M)
DATE OF DECISION: 24th NOVEMBER, 2023
Lakhbir Singh
.... Petitioner
Versus
State of Punjab
.... Respondent
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
Present : Mr. Rishu Mahajan, Advocate
for the petitioner.
Mr. Jashandeep Singh, AAG, Punjab.
****
RAJBIR SEHRAWAT, J. (Oral)
1. The present petition has been filed by the petitioner under
Section 439 Cr.P.C. for grant of bail pending trial in case FIR No.230
dated 14.09.2021 registered under Sections 18/29 of NDPS Act, 1985 at
Police Station Beas, District Amritsar.
2. Status report by way of affidavit of Sukhwinder Pal Singh,
PPS, Deputy Superintendent of Police, Sub Division, Baba Bakala Sahib,
Amritsar (Rural) is taken on record.
3. It is submitted by learned counsel for the petitioner that the
case against the petitioner is concocted. The petitioner is not involved in
the crime as alleged against him. As per the story of the prosecution,
though there is alleged recovery of 7 kgs of opium from the petitioner,
however, the petitioner has been in custody since 14.09.2021. The
prosecution has examined only 03 witnesses out of total 14 cited
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Neutral Citation No:=2023:PHHC:150199
CRM-M No.1566 of 2023 (O&M) 2023:PHHC:150199
witnesses of the prosecution. The counsel for the petitioner has relied
upon the judgments rendered by Hon'ble the Supreme Court in the cases
of Nitish Adhikary @ Bapan Versus The State of West Bengal, vide order
dated 01.08.2022 passed in SLP (Criminal) No.5769-2022; Mohd. Muslim
@ Hussain Versus State (NCT of Delhi), 2023 AIR (Supreme Court) 1648
and Md. Hasanuzzaman and others Versus The State of West Bengal and
others, SLP (Crl.) No.3221 of 2023, vide order dated 04.05.2023, to
buttress his arguments. Hence, the petitioner deserves to be released on
bail pending trial.
4. On the other hand, learned State Counsel, being instructed
from ASI Gurdeep Singh, has submitted that the recovery was effected
from the truck driven by the co-accused, namely, Jatinder Singh @ Laddi
and the petitioner is cleaner of the said truck. Therefore, the petitioner
cannot assert that he is not involved in the crime. Therefore, the
petitioner does not deserve any concession of bail pending trial.
However, it is not disputed by learned State counsel that the petitioner is
in custody since 14.09.2021 and that out of 14 prosecution witnesses,
only 03 have been examined, so far.
5. In view the above, but without expressing any further
opinion on the merits of the case, the present petition is allowed. The
petitioner is ordered to be released on bail pending trial subject to his
furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty
Magistrate, concerned.
24th NOVEMBER, 2023 (RAJBIR SEHRAWAT)
'sandeep' JUDGE
Whether speaking/reasoned: Yes No
Whether Reportable: Yes No
Neutral Citation No:=2023:PHHC:150199
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