High Court of Punjab and HaryanaCRM-M/47960/2021allowed

Sandeep Singh @ Daroga v. State Of Punjab

2022-12-09Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-47960 of 2021 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-47960 of 2021 Date of Decision: 09.12.2022 Sandeep Singh @ Daroga ....Petitioner

Versus

State of Punjab ....Respondent CORAM:HON'BLE MR. JUSTICE HARINDER SINGH SIDHU Present: Mr. Amaninder Preet, Advocate for the petitioner.

Mr. V.G. Jauhar, Addl.AG, Punjab.

***** HARINDER SINGH SIDHU , J.

This is a petition filed under Section 439 Cr.P.C. for grant of regular bail in FIR No. 17 dated 17.4.2021 registered under Sections 21, 22, 29 of NDPS Act, 1985 at Police Station Sehna, District Barnala. (The challan has been filed under Sections 21C, 22C, 29 of NDPS Act, 1985 and under Section 473 IPC and charges have been framed under Sections 21, 22, 29 of NDPS Act and under Sections 471, 465 IPC).

As per allegations in FIR, on receipt of secret information, Sandeep Singh (petitioner) Jagsir Singh alias Jagga and Natha Singh were apprehended. 330 grams Alpazolam tablets were recovered from Sandeep Singh (petitioner) and Jagsir Singh alias Jagga whereas 313 grams heroin was recovered from Natha Singh.

The investigation in the case is complete. Petitioner is in custody since 18.04.2021. Thirty three prosecution witnesses have been cited. However, only MANOJ KUMAR 2022.12.09 18:42 I attest to the accuracy and integrity of this document

CRM-M-47960 of 2021 #2# one prosecution witness has been examined so far. Mr. Amaninder Preet, learned counsel for petitioner has referred to two judgments of Hon'ble the Supreme Court in Shariful Islam alias Sarif Versus State of West Bengal (Petition for Special Leave to Appeal (Crl.) No. 4173-2022, decided on 22.3.2022) and Nitish Adhikary alias Bapan Versus State of West Bengal (Petition for Special Leave to Appeal (Crl.) No. 5769-2022, decided on 4.5.2022) wherein petitioners were granted bail for offences under the NDPS Act considering their custody period and the fact that the trail had not progressed.

In view of decisions of Hon'ble the Supreme Court in Shariful Islam (supra) and Nitish Adhikary alias Bapan (supra) and considering the custody period of petitioner and the fact that the trial has not progressed, no useful purpose would be served by keeping the petitioner behind bars. Hence, petition is allowed. Petitioner Sandeep Singh @ Daroga is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Duty Magistrate concerned.

However, if petitioner indulges in any activity of similar nature, while on bail, prosecution agency will be at liberty to seek cancellation of order granting bail to petitioner.

December 09, 2022 (HARINDER SINGH SIDHU) manoj JUDGE MANOJ KUMAR 2022.12.09 18:42 I attest to the accuracy and integrity of this document