Harwinder Singh @ Gora v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 210-1 CRM-M-2404-2023 (O&M) Date of decision: 21.07.2023 Harwinder Singh @ Gora ..Petitioner

Versus

State of Punjab ..Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Gurmohan Singh Bedi, Advocate for the petitioner. Mr. Manipal Singh Atwal, DAG, Punjab.

*** AMAN CHAUDHARY, J.

1.

The present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.01 dated 21.01.2022, registered under Sections 21, 25, 29 of NDPS Act (Section 27-A of NDPS Act, Section 25 of Arms Act and Sections 120 and 120-B IPC added later on), at Police Station State Special Operation Cell, Amritsar, District Intelligence Wing (CID).

2.

Learned counsel contends that the petitioner is in custody for the last 1 year, 1 month, 13 days. No recovery has been effected from him. The name of the petitioner has surfaced based on the disclosure statement of Gurmukh Singh, alleging that the recovered contraband was provided by the petitioner. The said co-accused has been enlarged on bail by this Court vide order of even date. The petitioner is not involved in any other case under NDPS Act. Though the charges were framed on 07.10.2022 but only 2 out of 25 prosecution witnesses have been examined. Reliance is placed upon the order granting bail by Co-ordinate Bench of this Court in Sandeep

Kumar @ Gogi vs. State of Haryana in CRM-M-24505-2022 decided on 07.12.2022, wherein also the petitioner was implicated on the basis of disclosure statement and no recovery had been effected from him. 3.

Learned State counsel opposes the bail on the ground that the petitioner is a part of the drug cartel as per the disclosure statement of coaccused Gurmukh Singh. He is however unable to controvert the submissions made regarding the custody, stage of the trial and the petitioner not being involved in any other case under NDPS Act. 4.

Heard.

5.

Considering the facts and circumstances of the case, in particular that the petitioner is in custody for almost 1 year, 1 month and 13 days; not involved in any other case under NDPS Act; co-accusedGurmukh Singh has been granted bail vide order of even date; though charges have been framed on 07.10.2022 but only 2 out of 25 prosecution witnesses have yet been examined; the trial is likely to take a considerable time, thus his further incarceration would not serve any useful purpose, the present petition for grant of regular bail deserves to be allowed. 6.

As a result, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned and subject to his not being required in any other case. The petitioner shall 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 witnesses.

(iii) The petitioner will appear before the trial Court on

each and every date fixed, unless is exempted by a specific order of Court.

(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of.

(v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

(vi) The petitioner shall not in any manner misuse his liberty.

(vii) The petitioner shall furnish his address and mobile number to the Trial Court forthwith and shall not change the same till the conclusion of the trial and in case for any reason, the petitioner seeks to change any of the aforesaid, the same shall be done only with prior intimation to the learned Trial Court, stating the reason for the same. (viii) The petitioner shall not leave the country without prior permission of the trial Court.

(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.

7.

It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order. 8.

In view of the above, it is clarified that the observations made herein are limited for the purpose of present proceedings and would not be construed as an opinion on the merits of the case and the trial would proceed independently of the aforesaid observations.

( AMAN CHAUDHARY ) 21.07.2023 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No