Punjab-Haryana High Court
Jaswinder Kaur vs State Of Punjab on 4 September, 2023
Neutral Citation No:=2023:PHHC:116280
2023:PHHC:116280
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
213
CRM-M-1794-2023
Date of Decision: 04.09.2023
Jaswinder Kaur
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS SURI
Present:- Mr. Gurpal Singh Sandhu, Advocate,
for the petitioner.
Mr. Digvijay Nagpal, AAG, Punjab.
*****
VIKAS SURI, J.
1. Petitioner, who is a lady of 35 years, has filed the instant
petition under Section 439 Cr.P.C. seeking grant of regular bail in case FIR
No.155 dated 18.08.2022, under Sections 22(c) of NDPS Act (Section 29 of
NDPS Act added later on vide DDR No.20 dated 20.08.2022), registered at
Police Station Kotbhai, District Sri Muktsar Sahib.
2. Learned counsel contends that the petitioner was arrested in this
case on 20.08.2022 and since then, she is in custody. The petitioner was not
present at the spot and she is nominated in the FIR in question on the basis
of disclosure statement of co-accused Gurpiar Singh, who is son of the
petitioner, from whom 1800 tablets of Trakem-100 SR containing salt
Tramadol Hydrochloride and 750 tablets of Alpraqull-0.5 containing salt of
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Alprozolam, have been recovered. It is submitted that no recovery has been
effected from the petitioner and except for the disclosure statement, there is
no other evidence or material to connect the petitioner with the alleged
offence. Counsel for the petitioner relies upon the judgment in Tofan Singh
vs. State of Tamil Nadu, (2021) 4 SCC 1.
3. Learned counsel for the petitioner submits that the petitioner is
not involved in any other case. He submits that the challan was presented
before the trial Court on 13.02.2023 but till date, charges have not been
framed, what to say about the prosecution evidence and thus, trial is not
likely to conclude in near future. Reliance is placed on the order dated
27.07.2023 passed by co-ordinate Bench of this Court in CRM-M-19189-
2023, titled Gurmeet Singh alias Meet Vs. State of Punjab, wherein the
petitioner was implicated on the basis of disclosure statement and no
recovery had been effected from him.
4. Custody certificate of the petitioner dated 02.09.2023 has been
filed by learned State counsel, which is taken on record. As per the custody
certificate, the actual undergone period of the petitioner is 09 months and 22
days.
5. Learned State counsel opposes the bail on the ground that
petitioner has been specifically named in the disclosure statement of co-
accused from whom recovery of contraband in question has been effected.
He is however unable to controvert the submissions regarding the stage of
the case and petitioner not being involved in any other case.
6. I have heard learned counsel for the parties.
7. Considering the facts and circumstances of the case, in
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particular that the petitioner is in custody for 09 months and 22 days; she is
nominated in this case is on the basis of a disclosure statement; no recovery
has been effected from her; she is not involved in any other case; challan
stands presented on 13.02.2023, however, charges are yet to be framed; trial
is likely to take considerable time and thus, her further incarceration would
not serve any useful purpose, as such the present petition for grant of regular
bail deserves to be allowed.
8. As a result, the present petition is allowed. The petitioner is
ordered to be released on regular bail, subject to her furnishing bail/surety
bonds to the satisfaction of trial Court/Duty Magistrate concerned and
subject to her not being required in any other case. The petitioner shall abide
by the following conditions:-
(i). The petitioner will not tamper with the evidence during
the trial.
(ii). The petitioner will not pressurize/ intimidate the
prosecution witnesses.
(iii). The petitioner will appear before the trial Court on each
and every date fixed, unless is exempted by a specific
order of Court.
(iv). 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.
(v). The petitioner shall not in any manner misuse his liberty.
(vi). 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
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intimation to the learned Trial Court, stating the reason
for the same.
(vii). The petitioner shall not leave the country without prior
permission of the trial Court.
(viii). The trial Court/Duty Magistrate may impose any other
condition, as deemed appropriate while releasing the
petitioner.
9. 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.
10. 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 an opinion on the merits of the case.
( VIKAS SURI )
September 04, 2023 JUDGE
harish
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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