High Court of Punjab and HaryanaCRM-M/57848/2023allowed

Jaswinder Singh @ Jassa v. State Of Punjab

2023-11-22Mr. Justice Pankaj Jain8 pages

223-2

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 22.11.2023 JASWINDER SINGH @ JASSA ....Petitioner

Versus

STATE OF PUNJAB .....Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Sunny K. Singla, Advocate for the petitioner. Mr. Jaswinder S. Arora, DAG, Punjab with ASI Manjit Singh. PANKAJ JAIN, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.77 dated 23.07.2022 registered for the offences punishable under Sections 22, 29, 61, 85 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') at Police Station Sandaur, District Malerkotla. 2.

Custody Certificate of the petitioner has been filed today in Court. The same is taken on record.

Counsel for the petitioner submits that the petitioner was nominated on the disclosure made by co-accused Deepak Kumar @ Deepu. and Varinder Singh. He further refers to order dated 20.09.2022 passed in CRM-M No.36011 of 2022 whereby the petitioner was granted indulgence

and his arrest was stayed in a petition filed under Section 438 Cr.P.C. However, despite the fact that the petitioner joined investigation yet his prearrest bail was declined by the Co-ordinate Bench vide order dated 17th of July, 2023 observing as under :

"1.

These petitions have been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioners in FIR No.77 dated 23.07.2022, registered under Sections 22, 29, 61 and 85 of the NDPS Act, at Police Station Sandaur, District Malerkotla.

The factual matrix of the case as per the present FIR are that on 23.07.2022, when in connection with checking of miscreants and suspected vehicles, the investigating officer, along-with other officials were going from Malerkotla to Sandaur and reached the area of village Shervanikot, at about 8.15 P.M, an informer gave them secret information that accused Deepak Kumar,

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Reliance is being placed upon the order passed by the same Bench, dated 9th of November, 2023 whereby one of the main accused Varinder Singh who was arrested from the spot has been granted concession of regular bail. It has been contended that even after conclusion of investigation the only evidence collected by the investigating agency

against the petitioner is in the form of disclosure made by co-accused Deepak Kumar @ Deepu and Varinder Singh which alone cannot be sufficient to invite conviction. Thus, he submits that once co-accused on whose disclosure the petitioner was nominated i.e. Varinder Singh stands admitted to bail the petitioner would be entitled for the same relief. 5.

State Counsel does not dispute the aforesaid factual assertions made by counsel for the petitioner based on record. 6.

I have heard counsel for the parties and have gone through records of the case.

Without commenting on the merits of the case, keeping in view the incarceration suffered by the petitioner i.e. more than 2 months, 24 days, the nature of evidence against the petitioner and keeping in view the fact that the main accused already stands admitted on regular bail, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.

However, in addition to conditions that may be imposed by the Trial Court/Duty Magistrate concerned, the petitioner shall remain bound by the following conditions :- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence oral or documentary during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail.

(v) The petitioner shall deposit his passport, if any with the trial Court.

(vi) The petitioner shall give his cellphone number to the police authorities and shall not change his cellphone number without permission of the trial Court.

(vii) The petitioner shall not in any manner try to delay the trial.

9..

In case of breach of any of the aforesaid conditions and those which may be imposed by the Trial Court, the prosecution shall be at liberty to move cancellation of bail of the petitioner. 10.

Needless to say that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. November 22, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No