Sonu v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:-16.3.2022 SONU ... Petitioner

Versus

STATE OF PUNJAB ... Respondent *****

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH ***** Present:- Mr. Raghav Goyal Chandiwala, Advocate for the petitioner.

Mr. S.S. Deol, DAG, Punjab.

***** KARAMJIT SINGH , J. (Oral) Case has been heard through video conferencing on account of COVID-19 Pandemic.

The petitioner has approached this Court seeking grant of regular bail in a case having FIR No.317 dated 18.12.2020 registered under Section 22(c) NDPS Act at Police Station Sadar muktsar, District Muktsar Sahib.

The counsel for the petitioner contended that the petitioner has been falsely implicated in the present case. That as per prosecution version, the petitioner was travelling in a car driven by co-accused Gurpreet Singh @

( 2 ) Lalla and on checking contraband in the form of total 1100 tablets containing Tramadole Hydrocloride-100 MG was recovered from the dashboard of the said car. The counsel further submitted that co-accused Gurpreet Singh @ Lalla has already been granted regular bail by the Coordinate Bench of this Court vide order dated 22.11.2021 (Annexure P-2). The counsel for the petitioner submitted that otherwise the petitioner is already in custody for the last about 1 year and 3 months. The bail application is contested by the State counsel, who submitted that the petitioner is facing serious charges and as such he is not entitled to grant of regular bail.

I have considered the submissions made by counsel for the petitioner as well as by State counsel.

Admittedly, in the present case similarly situated co-accused Gurpreet Singh @ Lalla was granted regular bail by this Court vide order dated 22.11.2021. At that time, Gurpreet Singh @ Lalla has undergone custody of almost 1 year. As per the custody certificate furnished by the State counsel, the petitioner is in custody in the present case for the last more than 1 year, 2 months and 24 days. The custody certificate also reflects that he is also involved in another criminal case, in which, he is on bail. It will take time for conclusion of the trial, moreover, coaccused Gurpreet Singh @ Lalla, who is also facing similar charges has already been granted concession of regular bail by this Court vide order dated 22.11.2021 (Annexure P-2).

( 3 ) Keeping in view facts and circumstances mentioned above, no fruitful purpose is going to be served even if the petitioner is kept in judicial custody for indefinite period. Thus without commenting on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail and surety bonds to the satisfaction of the CJM/Duty Magistrate concerned.

( KARAMJIT SINGH) 16.3.2022 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No