Sakattar Singh @ Laddi v. State Of Punjab
Prayer in the present petition f filed under 483 of BNSS, 2023 is for grant t of regular bail to the petitio ner in case FIR No.46 dated 15.03.2023, , registered under Section 21(a) of NDPS Act, 1985, at Police Station City y Sri Muktsar Sahib, District Sri Muktsar Sahib (Sections 27-A and 29 of N NDPS Act and Sections 24/27/5 54/59 of Arms Act added later on, vide rap pat No.34 and 8 dated 16.03.2023 3).
2.
Learned counsel contends that t the petitioner was arrested on 28.08.2024 on being named by co-accuse d Sunil Kumar from whom 5 gram of her roin was recovered, however, n no recovery of contraband was effected fro om him. This Court, vide order dated 18.11.2024, granted him interim bai l and thereafter, he has neither r misused the concession nor threatened the witnesses. He alleges fals se implication. Charges stand framed on 21.02.2024, however only 3 out of 27 PWs have been
examined. He is involved in 5 more cases in 4 of which he is on bail and in the case registered by the NCB, the alleged contraband was finally found to be phosphate while in the case registered by ED, he is not on bail.
3.
Learned State counsel though opposes, however, on instructions, affirms that there is no complaint with regard to misusing the liberty granted by this Court, besides the submissions with regard to stage of the case and petitioner being on bail in 4 cases. 4.
Heard.
5.
6.
The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial.
(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.
(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.
(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of. (v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.
(vi) The petitioner shall not in any manner misuse his liberty.
(vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court. (viii) The petitioner shall not leave the country without prior permission of the trial Court.
(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.
7.
It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order. 8.
In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations.