Manjit Singh v. State Of Punjab
-1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH (O&M) Date of Decision:- 09.04.2025
....Petitioner(s)
Versus
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :
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#$% & '( ) *+ #, ***** SANJIV BERRY, J. (ORAL) The instant petition has been preferred by the petitioner under Section 439 CrPC for grant of regular bail to the petitioner in the following case :- FIR No.
Dated Sections Police Station 04.06.2022 22, 25 and 29 of the NDPS Act Civil Lines, District Patiala no. 2), Mo 2.
It is, inter alia, contended by learned counsel for the petitioner that the petitioner, having no criminal antecedents, has been falsely implicated in this case. He contends that no alleged recovery has been effected from the conscious possession of the petitioner and the petitioner is in custody since 04.06.2022 and the trial is running at a snail's pace. He has referred to the order dated 05.02.2024 passed in CRM-M-37728-2023
-2- (Annexure P-3), whereby bail was granted to co-accused Ranjit Singh @ Raju, who was driver of the truck, to claim parity and grant of bail to the petitioner.
3.
Per contra, learned State counsel while referring to the reply filed by the State has opposed the petition on the ground that the petitioner was found, keeping in his possession commercial quantity of medicines. He has, however, not disputed the fact that the case of the petitioner is at par with that of co-accused Ranjit Singh @ Raju, who has already been granted the concession of bail.
4.
Heard learned counsel for the parties and perused the record. 5.
After considering the rival contentions and perusing the record, it transpires that admittedly the petitioner is in custody since 04.06.2022 and only 07 out of 18 witnesses have yet been examined by the learned Trial Court showing that the trial is running at a snail's pace. The petitioner is not having any history of criminal case registered against him. It is not disputed by learned State counsel that the case of the petitioner is at par with coaccused Ranjit Singh @ Raju. Therefore, in these circumstances, purely on the ground of parity, without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of learned Trial Court/Judge on Duty/Duty Magistrate concerned, if not required in any other case, in terms of the same directions as have been given in the order dated 05.02.2024 passed in CRM-M-37728-2023, with which the petitioner herein claims parity.
-36.
It is further made clear that in case the petitioner is found involved in any case under NDPS Act, after his release on bail, it will be open for the prosecution to move an application for cancellation of his bail in accordance with law.
7.
Any observation made above shall not be construed as opinion of this Court on the merits of the case.
(SANJIV BERRY) JUDGE 09.04.2025 S.Sharma(syr) i) Whether speaking/reasoned?
Yes/No ii) Whether reportable?
Yes/No