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High Court of Punjab and HaryanaCRM-M/45548/2021dismissed

Santokh Singh @ Tohla v. State Of Punjab

2022-03-09Mr. Justice Anoop Chitkara2 pages

CRM-M-45548-2021

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-45548-2021

Reserved on: 04.03.2022

Pronounced on: March 09, 2022 Santokh Singh @ Tohla

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. K.B.S. Mann, Advocate for the petitioner.

Ms. Amarjit Kaur Khurana, DAG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 29.09.2019 Guru Harsahai, 15/61/85 of NDPS Act District Ferozepur 1.

The petitioner, incarcerating upon his arrest in the FIR captioned above, has come up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

2.

Ld. Counsel for the petitioner contends that the co-accused Harjinder Singh alias Pappa stands released on bail by this court vide order dated 17-07-2020 passed in CRM-M-17548-2020, and as such he is also entitled to similar relief on the grounds of parity.

3.

As per paragraph 12 of the bail petition, the petitioner explicitly declares that no case of such or similar nature is pending against the petitioner. To the contrary, ld. Counsel for the State submits that a large number of cases were registered against the petitioner under Excise Act and NDPS Act, which are as under:- Sr.No. FIR No.

Dated Police Station Sections 29.09.1998 Guru Har Sahai 61/1/14 of Excise Act (acquitted on 04.02.2000) 05.04.1999 Sadar, Jalalabad 61/1/14 of Excise Act 17.12.1999 Guru Har Sahai 61/1/14 of Excise Act 02.09.2001 Guru Har Sahai 61/1/14 of Excise Act ANJU RANI 2022.03.09 15:32 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH

CRM-M-45548-2021 (convicted on 05.11.2002) 08.05.2002 Guru Har Sahai 61/1/14 of Excise Act 25.05.2004 Guru Har Sahai 61/1/14 of Excise Act 18.04.2004 Guru Har Sahai 61/1/14 of Excise Act 11.07.2005 Guru Har Sahai 61/1/14 of Excise Act 31.01.2020 Guru Har Sahai 15/61/85 of NDPS Act 21.01.1999 Guru Har Sahai 61/1/14 of Excise Act 07.01.2014 Sadar Jalalabad 61/1/14 of Excise Act 18.10.2013 Guru Har Sahai 18/21/22/61/85 of NDPS Act 23.08.2012 Guru Har Sahai 15/61/85 of NDPS Act 05.11.1999 Sadar Jalalabad 61/1/14 of Excise Act 29.09.2019 Guru Har Sahai 15, 18, 61/85 of NDPS Act 4.

A perusal of declaration made in paragraph 12 reveals that the petitioner tried to give an impression of clean antecedents by just mentioning NDPS cases and concealing cases under other penal acts; whereas he had faced fifteen cases as per status report. Given this, the petitioners have concealed the material information from this court to get benefit of bail on parity.

5.

Given above, the petitioners fail to make out a case unless they disclose the true and complete particulars about their criminal antecedents, including the quantity involved in NDPS cases, which are pending or in which he stands convicted. Be that as it may, the petitioner shall be at liberty file separate bail petition mentioning complete criminal history. The dismissal of the present petition shall not come on way while conserving new petition.

6. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. Petition dismissed in aforesaid terms with liberty reserved. All pending applications, if any, stand disposed.

(ANOOP CHITKARA) JUDGE March 09, 2022 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2022.03.09 15:32 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH