Kulwinder Singh Alias Pindar v. State Of Punjab

2023:PHHC:060942 CRM-M-30875 of 2022 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-30875 of 2022 Date of Decision: 28.04.2023 Kulwinder Singh @ Pindar ....Petitioner

Versus

State of Punjab ....Respondent CORAM:HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. H.S. Bhogal, Advocate for the petitioner. Mr. Dhruv Dayal, Addl.AG, Punjab.

***** HARINDER SINGH SIDHU, J.

Petitioner has filed second petition for grant of regular bail in case FIR No.55 dated 14.04.2021 under Section 22 of NDPS Act registered at P.S Sadar Khanna, District Ludhiana.

As per allegations, 25 bottles/vials of WINCIREX 100 ML each, 200 intoxicant tablets mark Celcidal-100 SR, 100 intoxicant capsules mark MEFAR-PD, 240 intoxicant tablets mark NITRAVET-10 and 1200 intoxicant tablets mark ALPRASAFE-0.5 were recovered from the possession of the petitioner and his co-accused.

Learned counsel for the petitioner contends that the alleged recovery has been planted on the petitioner. The petitioner is not involved in any other criminal case except the present one and that he has been behind bars for the last two years and ten days. He contends that the trial is at a preliminary stage and there is no likelihood of completion of trial in the near future and in view of delayed trial and keeping in the mind the right to a speedy trial, the petitioner can be granted bail.

In support, he relies upon the decisions of the Hon'ble Supreme MANOJ KUMAR 2023.04.28 17:49 I attest to the accuracy and integrity of this document

2023:PHHC:060942 CRM-M-30875 of 2022 #2# Court in SLP(Crl.) No.4173/2022 titled Shariful Islam @ Sarif vs. The State of West Bengal decided on 22.03.2022, SLP(Crl.) No.5769/2022 titled Nitish Adhikary @ Bapan vs. The State of West Bengal decided on 04.05.2022, Criminal Appeal No.1169 of 2022 titled Gopal Krishna Patra @ Gopalrusma vs. Union of India decided on 05.08.2022 and Special Leave to Appeal (Crl.) No.3961/2022 titled Abdul Majeed Lone vs. Union Territory of Jammu and Kashmir decided on 01.08.2022, where bail has been granted taking into account the custody of the petitioners and the stage of the trial. Learned State counsel does not dispute the custody period. It is stated that out of twelve prosecution witnesses, only one has been examined so far.

Without commenting upon the merits of the case and taking into consideration all the factors and parameters, as propounded in the aforesaid judgments apart from bearing in mind the custody period as also the fact that the trial is not likely to be concluded in near future the present petition is allowed. The petitioner Kulwinder Singh @ Pindar is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

It is made clear that if the petitioner involves himself in similar type of activity, while on bail, the State shall be at liberty to move for cancellation of his bail.

April 28, 2023 (HARINDER SINGH SIDHU) manoj JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2023.04.28 17:49 I attest to the accuracy and integrity of this document