Balwinder Singh @ Punda v. State Of Punjab
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$0 Learned counsel for the petitioner, in rebuttal, has relied upon the judgment of Hon'ble Supreme Court in Maulana Mohd. Amir Rashadi v. State of U.P. and another, 2012(2) SCC 382 to contend that the facts and circumstances of the present case are to be seen while deciding a bail application and the bail application of the petitioner cannot be rejected solely on the ground that the petitioner is involved in other cases. The relevant portion of the said judgment is reproduced herein below :- AAs observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court etc." $$ I have heard learned counsel for the parties and perused the paper book as well as the status report and custody certificate of the petitioner.
12.
In the instant case, the alleged recovery effected from the petitioner is of 520 grams of intoxicant powder and 40 grams of heroin, which falls under the category of 'commercial quantity' and thus rigors of Section 37 of the .3
are attracted in this case. Section 37 ibid reads as under:- S.37 "Offences to be cognizable and non-bailable.-(1) Notwithstanding anything contained in the Code of Criminal Procedure 1973 (2 of 1974),- (a) every offence punishable under this Act shall be
cognizable;
(b) no person accused of an offence punishable for [offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail." $' %
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, when the accused is facing serious charges, he may develop temptation to jump the bail. The apprehension expressed by the State counsel that if released on bail, there is every likelihood of the petitioner trying to tamper with the prosecution evidence by giving threats and inducement to the prosecution witnesses and absconding even to prolong the trial, cannot be brushed aside lightly. 17.
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18.
Hence, keeping in view the aforementioned circumstances and also the seriousness and gravity of offence, I do not deem it fit to extend the concession of regular bail to the petitioner. Accordingly, the present petition is dismissed. However, learned trial Court is directed to expedite the trial, if possible.
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