Punjab-Haryana High Court
Jarnail Singh vs State Of Punjab on 4 July, 2024
Author: Kirti Singh
Bench: Kirti Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
229
CRM-M-30570-2024
Decided on : 04.07.2024
JARNAIL SINGH
. . . Petitioner(s)
Versus
STATE OF PUNJAB . . . Respondent(s)
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
PRESENT: Mr. Brijesh Nandan, Advocate
for the petitioner(s).
Mr. Karunesh Kaushal, AAG, Punjab.
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KIRTI SINGH, J. (Oral)
This petition has been filed under Section 439 Cr.P.C. for grant
of regular bail to the petitioner in case FIR No.122 dated 06.09.2023
registered under Section 21(C) 29/61/85 of NDPS Act, registered at Police
Station Jhabal, District Tarn Taran.
2. Learned counsel for the petitioner submits that it is alleged in
the FIR that 258 grams of heroin was recovered from co-accused Karandeep
Singh and Kamaldeep Singh, who were arrested from the spot by police
officials and the name of the petitioner only surfaced on the basis of
disclosure statement made by co-accused. He further submits that petitioner
has been falsely implicated in the present case. He also submits that both the
co-accused have already been granted concession of regular bail by Co-
ordinate Bench of this Court vide order dated 22.04.2024 passed in CRM-
M-58183-2023 and CRM-M-58222-2023 and he is identically footed.
3. The learned counsel for the petitioner also submits that the
petitioner has been languishing in jail since 18.11.2023 and there is no
likelihood of the trial concluding anytime soon, inasmuch as, out of total 14
prosecution witnesses, none has been examined till date.
4. Lastly, the learned counsel for the petitioner has placed reliance
upon the judgments rendered in the cases of "Prahlad Singh Vs State of
Haryana" 2020 2 RCR Criminal 597, "Jorawar Singh Vs. State of
Punjab" and "Nirbhay Singh Vs. State of Punjab".
4. Learned State counsel has filed the custody certificate dated
03.07.2024 in Court today, which is taken on record. As per custody
certificate, the petitioner has undergone an actual custody of 07 months and
15 days and there are two other cases pending against him. However, in both
of them, he is not on bail. Moreover, on instructions he submits that challan
has been presented on 16.04.2024 and charges have not yet framed. He also
submits that out of total 14 prosecution witnesses, none has been examined
till date. In view of the serious allegations against the petitioner, he is not
entitled to the concession of regular bail.
4. Heard.
5. The veracity of the allegations leveled against the petitioner
shall be established during the course of the trial. Admittedly, the petitioner
is in custody since 18.11.2023. Out of total 14 witness, no prosecution
witnesses have been examined and further incarceration of the petitioner
would not serve any purpose.
6. Without commenting anything on the merits of the case, lest it
may prejudice the trial, the present petition is allowed and the petitioner is
ordered to be released on regular bail on his furnishing adequate bail/surety
bonds to the satisfaction of the concerned learned trial Court/Duty
Magistrate. The petitioner shall also 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
witness(s).
(III) The petitioner will appear before the trial Court on the date fixed,
unless personal presence is exempted.
(IV) The petitioner shall not commit an offence similar to the offence of
which he is accused of, or for commission of which he is suspected.
(V) The petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the
case so as to dissuade him from disclosing such facts to the Court or to any
police officer or tamper with the evidence.
7. In case of breach of any of the above conditions, the
prosecution shall be at liberty to move an application for cancellation of bail
before this Court.
8. However, nothing stated above shall be construed as a final
expression of opinion on the merits of the case and the trial Court would
proceed independently of the observations made in the present case which
are only for the purpose of adjudicating the present bail petition.
(KIRTI SINGH)
JUDGE
July,04 2024
Kavita Nain
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
