Kattar Singh @ Baba Kattar @ Ikatar Singh @ Sikatar Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-58395-2023 (O&M) Date of Decision : 02.02.2024 KATTAR SINGH @ BABA KATTAR @ IKATAR SINGH @ SIKATAR SINGH .....Petitioner(s)

Versus

STATE OF PUNJAB .....Respondent(s) CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Arshdeep S. Sivia, Advocate for the petitioner. Mr. Iqbal Singh Mann, DAG, Punjab.

PANKAJ JAIN, J. (ORAL) 
 



 

 


 
 
 



 
  

 
 



 
 !" ""#  
 
 
 



 
$#
"

#
""

"!
% &

  
 
 '

() 


#
%  

() 


" &

  #

* 
 

 


 + 
 

  

* 
 , 
 
-+ .
%
*
 

 +
  
  
  
 


*   /
 +
 
  







 ,


  
 
0 + 
1'  

2






   
  & +
*
 /
 +
 
  

 
 , 
  -+ 
.
%
2



& 
$
   
 
& +
*  /
0 
4  '

 ++ 

 

  '
   




 

 
& 
 
 +
  


 
 
 '

+ 


' 

+ 


""
 '




 
 '
 

)5 / 

%
&
  
 
 
 + 



 
 
 
  '
 
+ 


' 

+  
""
 '#
 



 
 



* 



6 + 
 
 
$ 7 
 
 
 
 
 
 
'
&6  

 

 

        

 

 !"#$#% 
 !" "*  








8,


 

      

 



 

  !  "



 #   $ % #



     

&

 

  ## 

 #



 



#           

 !      

   #



 # 



#

 

   $" '



  

  #

&

 # 

 (")()()   *  



   &     '  
&6
 

  '




 
 


  




 

 
!
%
&


The Supreme Court in order dated 22.08.2022 passed by the Supreme Court in Special Leave to Appeal (Crl.) No.5530-2022 titled as "Mohammad Salman Hanif Shaikh Vs. The State of Gujarat, had held as under:-

"We are inclined to release the petitioner on bail only on the ground that he has spent about two years in custody and conclusion of trial will take some time.

Consequently, without expressing any views on the merits of the case and taking into consideration the custody period of the petitioner, this special leave petition is accepted and the petitioner is ordered to be released on bail subject to his furnishing the bail bonds to the satisfaction of the Special Judge/ concerned Trial Court.

The special leave petition is, accordingly, disposed of in
the above terms. Pending application(s), if any, shall also stand disposed of." 7.

Supreme Court in order dated 07.02.2020 passed by the Hon'ble Supreme Court in Criminal Appeal No.245/2020 titled as "Chitta Biswas Alias Subhas Vs. The State of West Bengal" was pleased to grant concession of bail to the petitioner (therein) in a case where the custody was of 1 year and 7 months approximately. The relevant portion of the said order dated 07.02.2020 is as under: - :+ &  !



 , 

-$-"-



. '

'



'/0 12 $-"3 !  

 #

   

 



   

      3  ''  4           '#  "1 $-"2   !



 



 

        $"5'       

    

 



 "326 





  



  



1

   

 

 

#7



& ## 8

!

   $"-$-"2  



9



"- 

7 # 

 



  & 

7 # 



:

7  

 # # & #       #

  

&  #

:     



% ( ) ;

    # /$ 4  4  

 <

 

 

=



     ()! 

# #

  

   #

  



 

:    



  > In order dated 05.08.2022 passed by the Supreme Court in Criminal Appeal No.1169 of 2022 titled as "Gopal Krishna Patra @ Gopalrusma Vs. Union of India," the Supreme Court was pleased to observe as under: - "Leave granted.

This appeal challenges the judgment and order dated 25.01.2022 passed by the High Court Of Madhya Pradesh, Principal Seat at Jabalpur, in MCRC No.117/2022. The appellant is in custody since 18.06.2020 in connection with crime registered as N.C.B. Crime No.02/2020 in respect of offences punishable under Sections 8, 20, 27-AA, 28 read with 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The application seeking relief of bail having been rejected, the instant appeal has been filed.

We have heard Mr. Ashok Kumar Panda, learned Senior Advocate in support of the appeal and Mr. Sanjay Jain,learned Additional Solicitor General for the respondent.

Considering the facts and circumstances on record and the length of custody undergone by the appellant, in our view the case for bail is made out. We therefore, direct that:

(a) The appellant shall be produced before the Trial Court within five days from today.

(b) The Trial Court shall release the appellant on bail subject to such conditions as the Trial Court may deem appropriate to impose. (c) The appellant shall not in any manner misuse his liberty. (d) Any infraction shall entail in withdrawal of the benefit granted by this Order.

The appeal is allowed in aforesaid terms."

In order dated 01.08.2022 passed by the Supreme Court in Special Leave to Appeal (Crl.) No.5769/2022 titled as "Nitish Adhikary @ Bapan Vs. The State of West Bengal" Supreme Court has observed as under: - >  

$3-$-$$

 





    + &  





 '



: ? 



 & 

 .

&   

   ! 4  # @9/ 1"$ $-$-

""-$-$-  $"()     

 

?

: ?   

     #



 



-"  -#  -3-1$-$$!



#  

     7 # !





&  #   !

4  

   

  

         

 

  #



7    &

#  

  

 !      

   ;

#   

 !

!  + &  

 

# 



()   



 > ; 


 ++ 

+ 
#
   
 


 '

'
 #
 

  

 *


0 



 
 


  

5'

 
   


 
7
0 
 5%'
(   #
 

1 */#

 

  



+ '

+ 
'
 
0 
 5%'
(   
 #
   



+ 
'
 
  * 
   
8, < =




 
+ ,
 
 '
  < =




 
 +
*  '
/ 

+ '
 
 
  < =




 


+
'
 
 
  < /=




 
 ++ 
'

* 


</=




  

  #

'
*   
  </ =




 /




+ 
  


  




 




,

+ 
* 


+  
 
  </ =
0 



 

'
+ 
'

 '
  


  '
 
   




*

+ '

+ 
'
 
0 
 #
  




 '

+ / 



"
>
  '





 '



' 

/
 



 



  
+ 

02.02.2024 ( PANKAJ JAIN ) JUDGE

>098
;

 
 ) 5 , ) 8
 )  : 

%ABC,