Punjab-Haryana High Court
Mangat Singh vs State Of Punjab on 9 August, 2024
Author: Jasgurpreet Singh Puri
Bench: Jasgurpreet Singh Puri
Neutral Citation No:=2024:PHHC:102745
CRM-M-36237-2024 -1-
203
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-36237-2024
Date of decision: 09.08.2024
MANGAT SINGH
...Petitioner
VERSUS
STATE OF PUNJAB
...Respondent
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
Present:- Mr. Rupender Singh Rana, Advocate as Legal Aid Counsel
for the petitioner.
Mr. Adeshwar Singh Pannu, AAG, Punjab.
****
JASGURPREET SINGH PURI, J. (Oral)
1. The present is a third petition filed under Section 439 of the Code
of Criminal Procedure for the grant of regular bail to the petitioner in FIR
No.36 dated 08.03.2020, under Section 22 of the NDPS Act, registered at Police
Station Dirba, District Sangrur, Punjab.
2. Learned counsel for the petitioner submitted that the petitioner is in
custody for 4 years and 4 months and it is a case where the trial of the case is
going at a very slow pace and even after the completion of the prosecution
evidence, an application under Section 311 Cr.P.C. was moved, which was
allowed and again the case is fixed for prosecution evidence with a result that
the petitioner has faced incarceration for 4 years and 4 months. He further
submitted that earlier also the petitioner had filed a petition before this Court for
1 of 3
Neutral Citation No:=2024:PHHC:102745
grant of regular bail and on the ground of ill health of his mother, he was
granted the concession of interim bail for a period of one month vide Annexure
P-4 dated 12.04.2023. He further submitted that thereafter, the petitioner has
surrendered well in time and he has not violated any of the conditions of interim
bail. He further submitted that the petitioner has clean antecedents and he is not
involved in any other case and as per the allegations, there was a recovery of
950 tablets of Clovidol-100 SR from him. He also submitted that in view of the
long custody of the petitioner, he may be considered for the grant of regular
bail.
3. On the other hand, Mr. Adeshwar Singh Pannu, AAG, Punjab does
not dispute the aforesaid factual position.
4. I have heard the learned counsels for the parties.
5. This Court is of the considered view that considering the long
custody of the petitioner i.e. 4 years and 4 months, wherein even the
prosecution evidence has not been closed till date and the fact that the petitioner
has clean antecedents and he is not involved in any other case, the bar contained
under Section 37 of the NDPS Act will not apply to the petitioner in light of
Article 21 of the Constitution of India and also in light of the judgment of
Hon'ble Supreme Court in Satender Kumar Antil versus Central Bureau of
Investigation and another, 2022 (10) SCC 51.
6. Consequently, the present petition is allowed. The petitioner shall
be released on regular bail, if not required in any other case, subject to
furnishing bail bonds/surety bonds to the satisfaction of the learned trial
Court/Duty Magistrate concerned.
2 of 3
Neutral Citation No:=2024:PHHC:102745
7. However, anything observed hereinabove shall not be treated as an
expression of opinion on the merits of the case and is meant for the purpose of
deciding the present petition only.
(JASGURPREET SINGH PURI)
09.08.2024 JUDGE
Chetan Thakur
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
3 of 3
