The High Court granted regular bail to the petitioner under Section 439 Cr.P.C. in an NDPS case. The release was ordered due to non-arrest at occurrence, lengthy custody, lack of TID parade, and the nature of witnesses.
Petitioner released on regular bail subject to furnishing bail/surety bonds to the satisfaction of the trial Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-22602 of 2018 (O&M) Date of decision: 22.11.2018
Manpreet Singh @ Manni
..Petitioner
Versus
The State of Punjab
..Respondent
CORAM: HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present: Mr. B.S. Kathuria, Advocate for the petitioner.
Mr. Amit Mehta, Sr. DAG, Punjab for the respondent-State.
Daya Chaudhary, J. (Oral)
Criminal Misc. No.40968 of 2018
This application has been moved for placing on record Annexure P-2 (colly).
Application is allowed and Annexure P-2(colly) is taken on record.
Criminal Misc. No. M-22602 of 2018
The present petition has been filed by petitioner-Manpreet Singh @ Manni under Section 439 Cr.P.C. for grant of regular bail to him in case FIR No.180 dated 08.08.2017 registered under Section 15/61/85 of the the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sadar Ludhiana, District Ludhiana, Punjab.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case whereas he was not found at the
NEETU RANI 2018.11.22 17:57 I attest to the accuracy and integrity of this document High Court Chandigarh
Criminal Misc. No. M-22602 of 2018 (O&M) 2
place of occurrence. The petitioner is student and is pursuing BCA Degree at Baba Khajan Das College of Management Technology, Ludhiana. The petitioner was picked up subsequently from his house after a period of three months from the date of registration of FIR. Learned counsel further submits that no test identification parade was conducted and no independent witness was joined at the time of alleged recovery whereas it was a very busy place. No other case is pending against the petitioner and he is in custody since 24.11.2017. Learned counsel for the petitioner also submits that all the witnesses are official witnesses and there is no possibility that the petitioner may influence the witnesses or tamper with the evidence. The trial may take time to conclude and no purpose would be served by keeping the petitioner in custody.
Learned State counsel has not disputed the custody period as well as the fact that no other case is pending against the petitioner.
Heard arguments of learned counsel for the petitioner as well as learned State counsel and have also perused the contents of the FIR and other documents available on the file.
Keeping in view the submissions made by learned counsel for the petitioner that the petitioner is in custody since 24.11.2017; he was not arrested at the place of occurrence and was arrested subsequently after a period of three months from the date of registration of FIR; all the witnesses are official witnesses and there is no possibility that the petitioner may influence the witnesses or tamper with the evidence; no other case is pending against the petitioner; the trial may take time to conclude and no purpose would be served by keeping the petitioner in custody, the present
NEETU RANI 2018.11.22 17:57 I attest to the accuracy and integrity of this document High Court Chandigarh
Criminal Misc. No. M-22602 of 2018 (O&M) 3
petition is allowed and the petitioner (Manpreet Singh @ Manni) is directed to be released on regular bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court.
| 22.11.2018 | (DAYA CHAUDHARY) |
|---|---|
| neetu | JUDGE |
| Whether speaking/reasoned | Yes |
| Whether Reportable | No |
NEETU RANI 2018.11.22 17:57 I attest to the accuracy and integrity of this document High Court Chandigarh
2 issues framed by the court
Whether petitioner should be granted regular bail under Section 439 Cr.P.C. given absence at scene, lack of TID parade, and official witnesses.
Whether long custody without purpose serves judicial interests in a case where petitioner is not traceable at occurrence.
2 provisions across 2 enactments
Manpreet Singh @ Manni
The State of Punjab
DAYA CHAUDHARY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
