Punjab-Haryana High Court
Rahul Sharma vs State Of Punjab on 25 January, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
Neutral Citation No:=2024:PHHC:010688
CRM-M-20240-2023 (O&M)
2024:PHHC:010688
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-20240-2023 (O&M)
Date of Decision: 25.01.2024
Rahul Sharma
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Mr. Sanjeev Kumar, Advocate
for the applicant- petitioner.
Mr. C. L. Pawar, Addl. A. G., Punjab.
FIR No. Dated Police Station Section/s
133 13.04.2021 City Kharar, SAS Section 21 of NDPS Act
Nagar, Punjab (Section 29 of NDPS added
later on) and Section 25 of
Arms Act.
GURVINDER SINGH GILL, J. (Oral)
1. The petitioner seeks grant of regular bail in respect of aforementioned
FIR.
2. As per the case of the prosecution, the petitioner along with co-accused
Mohsin Ansari was apprehended pursuant to receipt of a secret
information, while in possession of 1 k.g. heroin and one .315 bore pistol.
3. Learned counsel for the petitioner submitted that the petitioner has falsely
been implicated in the present case. It has further been submitted
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that the petitioner has been behind bars for a substantial period of more
than 2 years & 9 months and is not involved in any other case and that
since the trial is proceeding at snail's pace, the petitioner deserves the
concession of regular bail.
4. On the other hand, learned State counsel has submitted that since the
petitioner was caught red handed at the spot and huge quantity of
contraband was recovered from him, he does not deserve the concession
of bail. Learned State counsel has, however, informed that the petitioner
has been behind bars since the last about 2 years, 9 months & 13 days
and that the petitioner is not involved in any other case. Learned State
counsel has also informed that as on date only 3 PWs out of cited 17 PWs
have been examined.
5. This Court has considered rival submissions.
6. Since the petitioner seeks grant of bail mainly on account of long
custody, it is apposite to refer to a few judgments of Hon'ble Supreme
Court in this regard wherein Hon'ble Supreme Court has granted the
concession of bail solely on ground of long custody:
Case No. Date of Title of case Period which the
Decision accused had
undergone when
granted bail by
Hon'ble Supreme
Court
Criminal Appeal 07.02.2020 Chitta Biswas @ Subhas 1 year & 7 months
No.245/2020 Vs. The State of West
Bengal
Criminal Appeal 12.10.2020 Amit Singh Moni Vs. State 2 years & 7 months
No.668/2020 of Himachal Pradesh
Special Leave to 01.08.2022 Nitish Adhikary @ Bapan 1 year & 7 months
Appeal (Criminal) Vs. The State of West
No.5769/2022 Bengal
Special Leave to 04.08.2022 Shariful Islam @ Sarif Vs. 1 year & 6 months
Appeal (Criminal) The State of West Bengal
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Criminal Appeal 05.08.2022 Gopal Krishna Patra @ 2 years, 1 month &
No.1169/2022 Gopalrusma Vs. Union of 17 days
India
Special Leave to 22.08.2022 Mohammad Salman Hanif About 2 years
Appeal (Criminal) Shaikh Vs. The State of
No.5530/2022 Gujarat
Criminal Appeal 22.11.2022 Karnail Singh Vs. The 1 year & 8 months
No.2027-2022 State of Odisha
Special Leave to 25.11.2022 Karim Adaldar Vs. The 10 months
Appeal (Criminal) State of West Bengal
No.8653-2022
7. Hon'ble Supreme Court in yet another judgment dated 25.01.2023 arising
out of SLP No.6690-2022 titled Dheeraj Kumar Shukla Vs. State of Uttar
Pradesh has granted bail in a case registered under the NDPS Act where
the accused alongwith co-accused was found in possession of
'commercial' quantity of Ganja and had been behind bars since the last
two and a half years while observing that in the absence of any criminal
antecedents, the conditions of Section 37 of the NDPS Act could be
dispensed with at that stage, particularly when there was delay in
conclusion of trial.
8. Recently, the Hon'ble Supreme Court vide order dated 04.05.2023 passed
in SLP (Crl.)No.(s)3221/2023 titled 'Hasanujjaman & othes Vs. The
State of West Bengal' has also granted bail to three accused in a case
registered under the NDPS Act where the accused alongwith co-accused
were found in possession of 115 bottles of phensedyl (100 ml. each) and
had been behind bars since the last 1 year & 4 months while observing
that in the absence of any criminal antecedents, there is substantial
compliance of Section 37 of the NDPS Act.
10. Keeping in view the totality of the facts and circumstances of the case
particularly the long custody of the petitioner i.e. about 2 years, 9 months
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& 13 days and the fact that only 3 PWs out of cited 17 PWs have been
examined till date, the petition merits acceptance and is hereby accepted.
11 The petition, as such, is allowed and the petitioner is ordered to be
released on regular bail on his furnishing bail bonds/surety bonds to the
satisfaction of learned trial Court/Chief Judicial Magistrate/Duty
Magistrate concerned.
12. It is, however, directed that in case the petitioner is found to be indulging
in similar offence again, the prosecution would be at liberty to move an
application for cancellation of bail before this Court.
25.01.2024 (GURVINDER SINGH GILL)
Seema JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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