Punjab-Haryana High Court
Sukhvir Singh @ Sukha vs State Of Punjab on 16 April, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:051164
CRM-M-44563 of 2023 -1- 2024:PHHC:051164
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
214
CRM-M-44563 of 2023
Date of Decision: 16.04.2024
Sukhvir Singh @ Sukha ..... Petitioner
Versus
State of Punjab ..... Respondent
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Yashpal Thakur, Advocate for the petitioner.
Mr. Rajiv Verma, DAG, Punjab.
*****
SANDEEP MOUDGIL, J (ORAL)
This is a petition seeking regular bail to the petitioner in FIR
No.134, dated 28.08.2022, under Sections 22(c)/61/85 of the NDPS Act,
1985, registered at Police Station Sirhind, District Fatehgarh Sahib.
Learned counsel for the petitioner submits that the alleged
recovery of 50 injections Buprenorphine make Leegesic with the expiry date
April, 2024 and 50 bottles of Pheniramiine Maleate injections IP each bottle
containing 10 ML make Avil with expiry date March 2025, is a chance of
recovery though fall in the commercial quantity has been planted upon the
petitioner.
Learned State counsel, on the other hand, has produced the copy
of the custody certificate, which is taken on record and he prays for dismissal
of the instant petition stating that the petitioner is involved in another case
meaning thereby he is a habitual offender.
Be that as it may, considering the fact that investigation is
complete, challan stands filed and charges have also been framed on
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Neutral Citation No:=2024:PHHC:051164
CRM-M-44563 of 2023 -2- 2024:PHHC:051164
29.03.2023 and the fact that out of total 15 prosecution witnesses, none has
been examined so far which is sufficient to infer for this Court that the trial
will take long time, no useful purpose would be served by keeping the
petitioner behind the bars for uncertain period, wherein bail is a rule and jail
is an exception and it would also violate the principle of right to speedy trial
and expeditious disposal under Article 21 of Constitution of India, as has
been time and again discussed by this Court, while relying the judgment of
the Apex Court passed in Dataram Singh vs. State of Uttar Pradesh & Anr.
2018(2) R.C.R. (Criminal) 131.
As far as the pendency of other cases and involvement of the
petitioner in other cases is concerned, reliance can be placed upon the order of
this Court rendered in CRM-M-25914-2022 titled as "Baljinder Singh alias
Rock vs. State of Punjab" decided on 02.03.2023, wherein, while referring
Article 21 of the Constitution of India, this Court has held that no doubt, at the
time of granting bail, the criminal antecedents of the petitioner are to be looked
into but at the same time it is equally true that the appreciation of evidence
during the course of trial has to be looked into with reference to the evidence in
that case alone and not with respect to the evidence in the other pending cases.
In view of the above, petitioner is directed to be released on
regular bail on his furnishing bail and surety bonds to the satisfaction of the
Chief Judicial Magistrate/Duty Magistrate, concerned.
The present petition is, hereby, allowed.
However, it is made clear that anything stated hereinabove shall
not be construed as an expression of opinion on the merits of the case.
(SANDEEP MOUDGIL)
16.04.2024 JUDGE
D.Bansal
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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