Punjab-Haryana High Court
Satwinder Singh @ Sajjan@ Satinder ... vs State Of Punjab on 2 May, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
Neutral Citation No:=2024:PHHC:060447
CRM-M-4602-2024 1
2024:PHHC:060447
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
210 CRM-M-4602-2024
Date of decision : 02.05.2024
Satwinder Singh @ Sajjan @ Satinder Singh ...... Petitioner
versus
State of Punjab ...... Respondent
CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN
Present: Mr. Fateh Singh Bhullar, Advocate
for the petitioner.
Mr. Mohit Kapoor, Sr. DAG, Punjab.
****
PANKAJ JAIN, J. (Oral)
1. Present petition has been filed under Section 439 Cr.P.C.
for grant of regular bail to the petitioner in case bearing FIR No.100
dated 03.10.2022, registered for the offences punishable under Sections
21-C, 29, 61 and 85 of NDPS Act at Police Station Khalra, District Tarn
Taran.
2. As per the case of prosecution, two persons were
apprehended riding motorcycle. Petitioner is owner and driver of the
same. It is claimed by the prosecution that on seeing barricading, pillion
rider threw polythene bag at the left side of corner of the road from
which 256 gms of heroin was recovered.
3. Counsel for the petitioner has relied upon order dated
18.03.2024 passed in CRM-M-23152-2023 whereby pillion rider Amit
Sharma @ Gopi who faces the material allegations stands admitted to
bail observing as under:-
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"1. The petitioner has filed the instant petition
under Section 439 of the Cr.P.C. with a prayer to
grant regular bail in case FIR No.0100 dated
03.10.2022 registered under Sections 21(C), 29 of
NDPS Act, at Police Station Khalra, District Tarn
Taran.
2. It has been alleged in the FIR that a police
team was on patrolling duty and then they saw two
persons coming at fast speed on the bike, then the
police signalled them to stop. The person, sitting at
the rear seat, took out one polythene bag and had
thrown at the left side of the road in the grass. When
they were apprehended by the police, 260 grams of
heroin was found in conscious possession from the
petitioner. The driver of the vehicle told his name as
Satwinder Singh alias Sajan and person sitting at
rear seat told his name as Amit Sharma @ Gopi.
3. Learned counsel for the petitioner contends
that neither any recovery has been made from the
present petitioner nor any incriminating article has
been held by him. He further submits that the
petitioner is in custody since 03.10.2022 and the
investigation in this case has already been
completed and challan has been presented. Trial is
likely to take long time. No useful purpose will be
served by further detention of the petitioner in
custody. Thus, it is prayed that he may be released
on regular bail. In support of his contentions,
learned counsel for the petitioner has relied upon
judgments in (i) CRM-M-37684-2021, Balwinder
Singh vs. State of Punjab, decided on 14.02.2022;
(ii) CRM-M-8212-2022, Tajinder Singh vs. State
of Punjab, decided on 03.03.2022 and (iii) CRM-
M-35186-2016, Manjit Kaur @ Jeeto vs. State of
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Punjab, decided on 01.12.2016.
4. On the other hand, learned counsel for the
State vehemently opposed the submissions made by
learned counsel for the petitioner. However, he
fairly conceded the fact that petitioner is not
involved in any other criminal activity.
5. Keeping in view the facts and circumstances of
the case, custody period of the petitioner and also
the fact that the quantity of alleged contraband is
marginally above the 'commercial quantity', but
without commenting on merits of the case, I am of
the considered view that the petitioner deserves the
concession of regular bail.
6. Therefore, the petition is allowed and the
petitioner is ordered to be released on regular bail
on furnishing of bail/surety bonds to the satisfaction
of the trial Court/Chief Judicial Magistrate
concerned."
4. Custody certificate has been produced. As per the same,
the petitioner has undergone actual custody of more than 01 year, 06
months and 28 days by now and has clean antecedents apart from
conviction under Section 52A of Prison Act for using mobile while in
jail. Only 01 out of 10 witnesses could be examined. Most of the
witnesses are official witnesses, there cannot be any apprehension that
the petitioner shall tamper with the evidence.
5. Keeping in view the incarceration already suffered by the
petitioner and the fact that main accused has already been granted
regular bail by this Court, the present petition is allowed. Petitioner is
ordered to be released on regular bail on his furnishing bail/surety bonds
to the satisfaction of the Ld. Trial Court/Duty Magistrate,
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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 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.
6. In case of breach of any of the aforesaid conditions and
those which may be imposed by the Trial Court, the prosecution shall be
at liberty to move cancellation of bail of the petitioner.
7. Ordered accordingly.
(PANKAJ JAIN)
JUDGE
02.05.2024
Dinesh
Whether speaking/reasoned : Yes
Whether Reportable : No
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