Paramvir Singh @ Marshal vs State Of Punjab
2024 Latest Caselaw 5490 P&H

Punjab-Haryana High Court

Paramvir Singh @ Marshal vs State Of Punjab on 12 March, 2024

Author: Pankaj Jain

Bench: Pankaj Jain

                                                          Neutral Citation No:=2024:PHHC:035280




CRM-M No. 26598 of 2023 (O&M) ::1::                  2024:PHHC:035280

106+292       IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                           CRM-10927-2024 in/and
                                        CRM-M No.26598 of 2023 (O&M)
                                           Date of decision : 12.03.2024

Paramvir Singh @ Marshal                                     ...... Petitioner

                                 versus

State of Punjab                                              ...... Respondent

CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN

                    ***

Present :-    Mr. Sumeet Pal Singh Khaira, Advocate
              for the applicant-petitioner.

              Mr. J.S. Arora, DAG Punjab.

                    ***

PANKAJ JAIN, J. (ORAL)

CRM-10927-2024

This is an application for placing on record pen drive of CCTV

footage.

Allowed as prayed for.

Pen drive of CCTV footage is taken on record subject to all

exceptions.

1 This petition has been filed under Section 439 Cr.P.C. for grant

of regular bail in case F.I.R. No.225 dated 10.11.2022 (Annexure P-1)

registered under Sections 20(b)(ii)C of NDPS Act and Final Report

presented under Section 21, 21-C/61/85 of the NDPS Act at Sarabha Nagar,

District Ludhaina, Punjab.

2 Learned counsel for the petitioner submits that the challan

stands presented on 12.05.2023 and charges stands framed on 16.08.2023

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and thus the petitioner is entitled for release of regular bail.

3 Despite the fact that no witness out of 17 has been examined

till date, petitioner is behind bars for 1 year 3 months and 28 days. None out

of the 17 witnesses could be examined till date.

4 Per contra, State counsel has opposed the bail plea of the

petitioner submitting that he is a prior convict and was found to be in

conscious possession of narcotics. Thus he does not deserves to be released

on regular bail.

5 Further reliance is being placed upon the observations made by

Supreme Court in order dated 07.02.2020 passed by the Hon'ble Supreme

Court in Criminal Appeal No.245/2020 titled as "Chitta Biswas Alias

Subhas Vs. The State of West Bengal" was pleased to grant concession of

bail to the petitioner (therein) in a case where the custody was of 1 year and

7 months approximately. The relevant portion of the said order dated

07.02.2020 is as under: -

"Leave granted.

This appeal arises out of the final Order dated 30.7.2010 passed by the High Court of Calcutta in CRM No.6787 of 2019.

The instant matter arises out of application preferred by the appellant under Section 439 Cr.P.C. seeking bail in connection with Criminal Case No.146 of 2018 registered with Taherpur Police Station for offence punishable under Section 21-C of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to the prosecution, the appellant was found to be in possession of narcotic substance i.e. 46 bottles of phensydryl cough syrup containing codeine mixture above commercial quantity.

The appellant was arrested on 21.07.2018 and continues to be in custody. It appears that out of 10 witnesses cited to be examined in support of the case of prosecution four witnesses have already been examined in the trial.

Without expressing any opinion on the merits or demerits of the rival submissions and considering the facts and circumstances on

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record, in our view, case for bail is made out. We therefore, allow this appeal and direct as under:

(a) Subject to furnishing bail bond in the sum of Rs.2 lakhs with two like sureties to the satisfaction of the Judge, Special Court, NDPS Act, Nadia at Krishnagar, the appellant shall be released on bail.

(b) The Special Court may impose such other conditions as it deems appropriate to ensure the presence and participation of the appellant in the pending trial. With the aforesaid directions, the appeal stands allowed."

6 In order dated 05.08.2022 passed by the Supreme Court in

Criminal Appeal No.1169 of 2022 titled as "Gopal Krishna Patra @

Gopalrusma Vs. Union of India," the Supreme Court was pleased to

observe as under: -

"Leave granted.

This appeal challenges the judgment and order dated 25.01.2022 passed by the High Court Of Madhya Pradesh, Principal Seat at Jabalpur, in MCRC No.117/2022. The appellant is in custody since 18.06.2020 in connection with crime registered as N.C.B. Crime No.02/2020 in respect of offences punishable under Sections 8, 20, 27-AA, 28 read with 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The application seeking relief of bail having been rejected, the instant appeal has been filed.

We have heard Mr. Ashok Kumar Panda, learned Senior Advocate in support of the appeal and Mr. Sanjay Jain,learned Additional Solicitor General for the respondent.

Considering the facts and circumstances on record and the length of custody undergone by the appellant, in our view the case for bail is made out.

We therefore, direct that:

(a) The appellant shall be produced before the Trial Court within five days from today.

(b) The Trial Court shall release the appellant on bail subject to such conditions as the Trial Court may deem appropriate to impose.

(c) The appellant shall not in any manner misuse his liberty.

(d) Any infraction shall entail in withdrawal of the benefit granted by this Order.

The appeal is allowed in aforesaid terms."

7 In order dated 01.08.2022 passed by the Supreme Court in

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Special Leave to Appeal (Crl.) No.5769/2022 titled as "Nitish Adhikary @

Bapan Vs. The State of West Bengal" Supreme Court has observed as

under: -

"As per the office report dated 29.07.2022, copy of the show cause notice along with Special Leave Petition was supplied to the Standing Counsel for the State of West Bengal and separate notice has been served on the State also. However, no one has entered appearance on their behalf.

The petitioner seeks enlargement on bail in F.I.R. No. 612 of 2020 dated 17.10.2020 filed under Section 21(c) and 37 of the NDPS Act, registered at Police Station Bongaon, West Bengal.

During the course of the hearing, we are informed that the petitioner has undergone custody for a period of 01 year and 07 months as on 09.06.2022. The trial is at a preliminary stage, as only one witness has been examined. The petitioner does not have any criminal antecedents.

Taking into consideration the period of sentence undergone by the petitioner and all the attending circumstances but without expressing any views in the merits of the case, we are inclined to grant bail to the petitioner.

The petitioner is accordingly, directed to be released on bail subject to him furnishing bail bonds to the satisfaction of the Trial Court.

The Special Leave Petition is disposed of on the aforestated terms.

Pending application(s), if any, shall stand disposed of."

8 I have heard learned counsel for the parties and have gone

through the records of the case.

9 Keeping in view the incarceration suffered by the petitioner and

the fact that trial is not likely to conclude in the near future, the present

petition is allowed. The petitioner is ordered to be released on bail on his

furnishing bail/surety bonds to the satisfaction of the Ld. Trial Court/Duty

Magistrate, concerned. However, in addition to conditions that may be

imposed by the Trial Court/Duty Magistrate concerned, the petitioner shall

remain bound by the following conditions :-

(i) The petitioner shall not mis-use the liberty granted.

(ii) The petitioner shall not tamper with any evidence oral or

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documentary during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail.

(v) The petitioner shall deposit his passport, if any with the trial Court.

(vi) The petitioner shall give his cellphone number to the police authorities and shall not change his cell-phone number without permission of the trial Court.

(vii) The petitioner shall not in any manner try to delay the trial.

10 Needless to say that anything observed herein shall not be

construed to be an opinion on the merits of the case.

                                                        ( PANKAJ JAIN )
                                                             JUDGE
12.03.2024
spn

                      Whether speaking/reasoned         Yes
                      Whether Reportable :              No

Neutral Citation No:=2024:PHHC:035280

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