Punjab-Haryana High Court
Lal Singh vs State Of Punjab on 24 November, 2023
Author: Vikas Suri
Bench: Vikas Suri
Neutral Citation No:=2023:PHHC:150087
2023:PHHC:150087
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
111+222
CRM-M-43418-2023 (O&M)
Date of Decision: 24.11.2023
Lal Singh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS SURI
Present:- Mr. Naresh Trehan, Advocate and
Mr. Vikramjeet Singh, Advocate, for the petitioner.
Mr. Sanish Girdhar, AAG, Punjab.
*****
VIKAS SURI, J. (Oral)
CRM-49171-2023
The instant application for placing on record order dated
31.08.2023 as Annexure A-1 is allowed, subject to just exceptions.
CRM-M-43418-2023
1. Through the present petition filed under Section 439 Cr.P.C.,
petitioner seeks grant of regular bail in case FIR No.0165 dated 24.10.2022,
under Sections 21(c) and 29 of NDPS Act, registered at Police Station
Sangat, District Bathinda.
2. Learned counsel for the petitioner has submitted that the
petitioner is innocent and has been falsely implicated in this case. The
petitioner has not been named in the FIR and his name has surfaced in the
1 of 3
Neutral Citation No:=2023:PHHC:150087
CRM-M-43418-2023 (O&M) -2- 2023:PHHC:150087
disclosure statement of co-accused. Except for the disclosure statement,
there is no other material connecting the petitioner with the commission of
offence. It is further submitted by learned counsel for the petitioner that the
petitioner is a first offender and there is no other case against him; petitioner
was arrested in this case on 09.05.2023 and since then he is behind bars; no
recovery has been effected from the petitioner; final report under Section
173 Cr.P.C. has been filed on 03.04.2023 and trial is now pending
consideration framing of charges for 15.12.2023; conclusion of the trial will
take considerable time; and co-accused Amarjit Singh and Govind Giri, who
too were nominated alongwith the petitioner, have been granted the
concession of regular bail by this Court vide order dated 27.07.2023 passed
in CRM-M-35327-2023, titled Amarjit Singh vs. State of Punjab and vide
order dated 31.08.2023 passed in CRM-M-41889-2023 titled Govind Giri vs.
State of Punjab, respectively. Learned counsel for the petitioner has also
relied upon the judgment of Apex Court in Tofan Singh vs. State of Tamil
Nadu, (2021) 4 SCC 1 and submitted that no useful purpose would be
served by keeping the petitioner behind bars for an indefinite period.
3. Learned State counsel has filed the custody certificate of the
petitioner dated 23.11.2023 in Court today, which is taken on record. A
copy thereof furnished to learned counsel for the petitioner. Learned State
counsel has opposed the present petition for grant of regular bail to the
petitioner, however, he could not dispute the factual aspects as narrated by
learned counsel for the petitioner.
4. Heard learned counsel for the parties.
5. Keeping in view all aspects and the law laid down by the Apex
2 of 3
Neutral Citation No:=2023:PHHC:150087
CRM-M-43418-2023 (O&M) -3- 2023:PHHC:150087
Court in Tofan Singh's case (supra); the fact that the petitioner is in custody
since 09.05.2023; no recovery has been effected from the petitioner and he
has been nominated on the basis of disclosure statement of co-accused; trial
is not likely to conclude in near future as charges have not been framed so
far; co-accused Amarjit Singh and Govind Giri have already been granted
the benefit of regular bail by this Court; and no useful purpose would be
served by keeping him behind bars for an indefinite period, the present
petition deserves to be accepted.
6. Accordingly, the instant bail petition is allowed and the
petitioner is ordered to be released on regular bail subject to his furnishing
bail-bond and surety/sureties to the satisfaction of concerned trial
Court/Duty Magistrate.
7. It is made clear that the petitioner shall not influence the trial or
any prosecution witnesses in any manner directly or indirectly.
8. The observation made hereinabove shall not be construed as an
expression of opinion on the merits of the case and the trial Court shall
decide the case on the basis of material available before it.
( VIKAS SURI )
November 24, 2023 JUDGE
harish
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2023:PHHC:150087
3 of 3
