Petitioner filed a fourth bail petition in a drug case. Considering the length of incarceration (nearly 3 years) and pending trial witness depositions, the High Court was inclined to grant bail with appropriate bonds.
Petitioner ordered to be released on bail upon furnishing adequate bail bonds and surety bonds.
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
211 CRM-M-7066-2021 (O&M) Date of decision: 14.09.2021 RAM PARKASH @ BITTU SINGH ..Petitioner Versus STATE OF PUNJAB ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. PS Sekhon, Advocate for the petitioner. Mr. BS Sewak, Addl. AG, Punjab. ***
ANIL KSHETARPAL, J (Oral)
This is the fourth petition for the grant of bail, pending trial, in a
criminal case arising from FIR No.161, dated 26.11.2018, registered under
Sections 21, 22 and 29 of the NDPS Act, 1985, at Police Station Kot Issekhan, District Moga.
The first application was dismissed as withdrawn on 01.07.2019, whereas the second application was dismissed on 22.11.2019. The third application was dismissed as the learned counsel representing the petitioner made a factually incorrect statement.
As per the case of the prosecution, the petitioner was apprehended with 90 strips of tablets XL-PAM 0.5, each strip contains 10 tablets, thus, the total recovery is 900 tablets. Apart from this, the petitioner is alleged to have been found in the conscious possession of 13 gms. of heroin.
Learned counsel for the petitioner contends that the petitioner
has already suffered incarceration for a period of more than 2 years and 9
ASHOK KUMAR2021.09.14 16:29 months. It has further been pointed out that this is the first case against the I attest to the accuracy and integrity of this document
CRM-M-7066-2021 (O&M)
2
petitioner under the NDPS Act, 1985.
On the other hand, learned State counsel has submitted that the
petitioner is a habitual offender as he is involved in FIR No.155, dated 13.11.2007, registered under Section 363/366-A/120-B IPC and FIR No.50, dated 30.12.2016, registered under Section 307/353/332/323/186/148/149 IPC.
As per the affidavit of the Deputy Superintendent of Police, the petitioner stands acquitted in FIR No.155, dated 13.11.2007, vide judgment
dated 26.03.2008, whereas the trial in FIR No.50, dated 30.12.2016, is still pending.
Learned counsel representing the State has disclosed that out of
16 prosecution witnesses proposed to be examined, the deposition of only one witness has been recorded so far.
The conclusion of the trial is likely to take time. Accordingly,
the petition is allowed and the petitioner is ordered to be released on bail subject to furnishing adequate bail bonds and surety bonds to the satisfaction
of the learned Trial Court/Chief Judicial Magistrate/Duty Magistrate, concerned.
All the pending miscellaneous application(s), if any, are also
disposed of.
14.09.2021
ashok
(ANIL KSHETARPAL)
JUDGE
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
ASHOK KUMAR 2021.09.14 16:29 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether to grant bail in a pending trial case under the NDPS Act involving multiple arrests and alleged habitual offending.
Ram Parkash @ Bittu Singh
State of Punjab
Anil Kshetarpal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
