Punjab-Haryana High Court
Beant Singh vs State Of Punjab on 25 April, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:056690
CRM-M-18845 of 2024 -1- 2024:PHHC:056690
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
213
CRM-M-18845 of 2024
Date of Decision: 25.04.2024
Beant Singh ..... Petitioner
Versus
State of Punjab ..... Respondent
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Satnam Singh Gill, 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.197, dated 16.11.2021, under Sections 15 and 29 of the NDPS Act, 1985
and Sections 192 and 207 of the Motor Vehicles Act, 1988, registered at
Police Station Special Task Force, Phase-IV, District SAS Nagar, Mohali.
Learned counsel for the petitioner submits that the petitioner
was charge for an offence under Section 15 of the NDPS Act while at the
time of apprehension, he was deputed on the offending vehicle i.e. truck
bearing registration No.HR-65-9507 as a conductor which was being driven
by co-accused Avtar Singh. He further submits that the petitioner was not
aware of the material being transported at the truck being merely as a
conductor working on petty wages.
Learned counsel for the petitioner has produced a copy of the
order dated 02.09.2021 whereby a Coordinate Bench of this Court has
granted the anticipatory bail to the petitioner in CRM-M-11051-2021.
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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 huge quantity of the contraband
i.e. 1600 kgs. of poppy pods were recovered and the petitioner is a habitual
offender as he is involved in other case i.e. in FIR No.89 dated 16.06.2022,
registered at Police Station City 1, Sangrur.
Be that as it may, having gone through the custody certificate,
the petitioner has suffered incarceration of 02 years, 05 months and 04 days
and considering the fact that investigation is complete, challan stands filed,
charges have been framed on 05.11.2022 and the fact that out of total 19
prosecution witnesses, only one 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 upon 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
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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
trial Court/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)
25.04.2024 JUDGE
D.Bansal
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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