Shiv Kumar v. State Of Punjab
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH (O&M) Date of Decision: 21.03.2023
....Petitioner
Versus
...Respondent
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :
Mr. G.S. Sandhu, Advocate for the petitioner.
HARSH BUNGER, J. (Oral)
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'!the trial is likely to take long time and no useful purpose would be served by keeping him behind the bars any further. It is submitted that the petitioner had applied for grant of regular bail before the learned Additional Sessions Judge, Sri Muktsar Sahib and before this Court, which have wrongly been dismissed vide orders dated 07.09.2021 (Annexure P-2) and 17.01.2022 (Annexure P-3) respectively. ='$ !&% "
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#""$It is also not disputed that the present petitioner has been in custody since 06.08.2021 challan stands submitted and charges have been framed and the trial is likely to take some time.
I have heard learned counsel for the parties and perused the paper book as well as the custody certificate of the petitioner handed over by learned State counsel, in Court today.
In this case, petitioner has been in custody since 06.08.2021 i.e. more than one year and seven months. Investigation in this case is complete, challan stands presented on 06.10.2021, charges were framed on 24.11.2021. As per status report, there are total 13 witnesses and no witness has been examined till date. Hence, trial is likely to take long time and no useful purpose would be served by keeping the petitioner behind bars. A perusal of FIR would show that separate offers were made to petitioner and his co-accused and as per status report also, separate recovery memos were prepared in respect of recovery from petitioner and his co-
-(- accused. Presently it cannot be said that there was any abetment or criminal conspiracy within the meaning of Section 29 of Narcotic Drugs and Psychotropic Substances Act between petitioner and his co-accused. Thus, the alleged individual recovery from petitioner would fall under the category of "non-commercial" quantity and hence rigors of Section 37 of Narcotic Drugs and Psychotropic Substances Act are not attracted.
Keeping in view the aforementioned circumstances, the instant petition is allowed and the petitioner is ordered to be released on regular bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate concerned. However, the concerned Station House Officer shall be informed about the release of petitioner and the petitioner shall inform the concerned Station House Officer about his address at which he intends to reside during the pendency of case and any change in the address shall also be communicated to the concerned Station House Officer, forthwith. The petitioner would also furnish his telephone number to the concerned Station House Officer.
He shall appear before the police station concerned on the first Monday of every month till the conclusion of the trial and inform in writing that he is not involved in any other crime other than the case mentioned in the present order. In addition, the petitioner (or any one on his behalf) shall prepare a FDR in the sum of Rs.50,000/- and deposit the same with the trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioner from trial without sufficient cause.
-/- above are only for consideration of the prayer for bail at this stage. The petition is accordingly disposed of.
21.03.2023 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No