Punjab-Haryana High Court
Gurpreet Singh vs State Of Punjab on 29 October, 2024
Author: Kirti Singh
Bench: Kirti Singh
CRM-M-16165-2024 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Sr. No.217 CRM-M-16165-2024
Date of decision : 29.10.2024
GURPREET SINGH ..... Petitioner
VERSUS
STATE OF PUNJAB ..... Respondent
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Yashpal Thakur, Advocate for the petitioner.
Mr. Randhir Singh Thind, DAG, Punjab.
*****
KIRTI SINGH, J. (Oral)
The jurisdiction of this Court under Section 439 Cr.P.C. has
been invoked for grant of regular bail to the petitioner in case FIR No.35
dated 27.04.2023, under Sections 22-C/61/85 of NDPS Act, registered at
Police Station Bassi Pathana, District Fateharh Sahib.
2. The brief facts of the case are that on 27.04.2023, while the
police party was performing patrolling duty, they spotted a bike without a
number plate and the person riding the bike attempted to evade. A black bag
containing 4,860 tablets containing salt buprenorphine, with erased
manufacturing details, were recovered and without any licence
3. Learned counsel for the petitioner inter alia submits that the
petitioner has been falsely implicated in this case. The petitioner has
undergone an actual custody of 01 year, 05 months and 25 days and he is not
involved in any other case under NDPS Act.
4. Per contra, learned State counsel has vehemently opposed the
submissions made by the learned counsel for the petitioner. He has filed
custody certificate in Court today and the same is taken on record. As per
custody certificate, the petitioner has undergone an actual custody of 01
year, 05 months and 25 days and there is no other case registered against
him under NDPS Act. He on instructions from the concerned police official
submits that challan was presented on 18.03.2023 and charges were framed
on 13.10.2023 and out of total 15 prosecution witnesses, none has been
examined. He, however, contends that recovery in this case falls under the
commercial quantity and in view of strict rigors of Section 37 of the NDPS
Act, the petitioner is not entitled to the concession of regular bail.
5. Heard the rival submissions made by learned counsel for the
parties.
6. Admittedly, the challan was presented on 18.03.2023 and
charges were framed on 13.10.2023 and out of total 15 prosecution
witnesses, none has been examined till date. The petitioner has undergone an
actual custody of 01 year, 05 months and 25 days and there is no other case
registered against him under NDPS Act.
7. It would be unjust to keep him behind bars looking at the
condition of the jails which are not conducive for rehabilitation process and
detaining the accused persons in jails would also tantamounts to violation of
Article 21 of the Constitution of India including the right to speedy trial, and
is against the principle "Bail is a rule, jail is an exception" as elucidated in
the judgment of Apex Court in "Dataram Singh vs. State of Uttar Pradesh
and another, (2018) 3 SCC 22".
8. As far as the pendency of other cases and involvement of the
petitioner in other cases is concerned, reliance has been placed upon the
judgment of the Hon'ble Supreme Court in Maulana Mohd. Amir
Rashadi Vs. State of U.P. and another, 2012 (2) SCC 382 in which, it is
held that the facts and circumstances of the present case are to be seen while
deciding a bail application and the bail application of the petitioner cannot
be rejected solely on the ground that the petitioner is involved in another
case. The relevant portion of the said judgment is reproduced herein-
below:-
"As observed by the High Court, merely on the basis of
criminal antecedents, the claim of the second respondent
cannot be rejected. In other words, it is the duty of the Court to
find out the role of the accused in the case in which he has been
charged and other circumstances such as possibility of fleeing
away from the jurisdiction of the Court etc."
9. Deprivation of personal liberty without ensuring speedy trial is
not consistent with Article 21. While deprivation of personal liberty for
some period may not be avoidable, period of deprivation pending
trial/appeal cannot be unduly long. The Apex Court in "Abdul Rehman
Antulay and others v. R.S. Nayak and another", 1992(2) RCR
(Criminal) 634 observed that Right to Speedy Trial flowing from Article 21
encompasses all the stages, namely the stage of investigation, inquiry, trial,
appeal, revision and retrial.
10. The veracity of the allegations leveled against the petitioner
shall be established during the course of the trial. The conclusion of the trial
will take a considerable time. Therefore, this Court is of the view that further
incarceration of the petitioner will not serve any purpose.
11. Without commenting anything on the merits of the case, lest it
KAVITA NAIN 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.
12. 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.
13. 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
29.10.2024
Kavita
Whether speaking / reasoned Yes/No
Whether Reportable Yes/No
