Harwinder Singh Alias Talli v. State Of Punjab



  
  



  



   



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5  It is submitted by the learned counsel for the petitioner that the petitioner is in custody from 13.01.2021, which is almost two years and three months. 
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  the petitioner has clean antecedents and is not involved in any other case. He submitted that it is a case where the petitioner has been falsely implicated by the police by planting a case upon the petitioner where recovery of 9000 tablets of Tramadol and it was only because of the result of political enmity.
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learned trial Court for deposing and the result of the same was that the petitioner had to face incarceration for two years and three months which included 11⁄2 years after the framing of the



charges for no fault of the petitioner.

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 has submitted, on instructions from the SHO Tarundeep Singh, Investigating Officer, that it is correct that the petitioner is in custody for two years and three months out of which 11⁄2 years is after the framing of the charges since the charges were framed on 08.07.2021. She submitted that one prosecution witness has already been examined. However, the said witness is a formal witness who had deposited the samples. She further submitted that the petitioner has clean antecedents and is not involved in any other case. She has however opposed the grant of bail to the petitioner on the ground that since the quantity recovered in the present case was a commercial quantity under the .&
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   would be hit by the bar contained under Section 37 

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I have heard learned counsel for the parties.

 

The petitioner has already faced incarceration for two years and three months. As per learned counsel for the parties, the petitioner is not involved in any other case. In the present case charges were framed on 08.07.2021 and only one witness has been examined who is stated to be a formal witness who had deposited the samples in the laboratory. No other witness who are either the members of the police party or other material witnesses have been examined till date.

A perusal 

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learned trial Court despite repeated bailable and non-bailable warrants being issued

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In view of the facts and circumstances as narrated above and especially considering the long custody of the petitioner, this Court is of the view that the petitioner deserves the concession of regular bail. Consequently, the present petition is allowed. 
  
 

   

 

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