Punjab-Haryana High Court
Manpreet Singh Alias Mani Gill vs State Of Punjab & Anr on 22 August, 2014
Author: Mehinder Singh Sullar
Bench: Mehinder Singh Sullar
CRM No. M-27542 of 2014 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRM No.M-27542 of 2014
Date of decision : 22.8.2014
Manpreet Singh alias Mani Gill
...Petitioner
Versus
State of Punjab & Anr.
..Respondents
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR
Present: Dr.Anmol Rattan Sidhu, Senior Advocate with
Mr.Pratham Sethi, Advocate for the petitioner.
Mr.Raj Preet Singh Sidhu, AAG Punjab for respondent No.1.
Mehinder Singh Sullar, J. (Oral)
The petitioner has preferred the instant petition, for the grant of concession of regular bail, in a case registered against him along with his other main co-accused, namely Rajinder Singh s/o Sukhdev Singh, Kulbir Singh s/o Darshan Singh, Kirpal Singh s/o Chhaju Singh, Avtar Singh alias Tari s/o Gurdial Singh and Harpreet Singh Lamba s/o Parshotam Lamba etc., vide FIR No.42 dated 22.3.2013, on accusation of having committed the offences punishable under sections 22 and 25 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as "the NDPS Act") by the police of Police Station Sirhind, District Fatehgarh Sahib.
2. Notice of the petition was issued to the State.
3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be ARVIND SHARMA 2014.08.22 19:23 I attest to the accuracy and integrity of this document Chandigarh CRM No. M-27542 of 2014 2 accepted in this context.
4. Precisely, the prosecution, inter alia, claimed that on 22.3.2013 at about 6.30 PM, as soon as, the police party headed by SI/SHO Sukhdev Singh was present on GT Road, in front of Police Station Sirhind for checking of vehicles, in the meantime, a white coloured Skoda car, bearing registration No.HR-26-AM-8962, came there and its driver tried to turn it back. On the basis of suspicion, the police party stopped the car, which was being driven by main accused Rajinder Singh, whereas his other companion accused Kulbir Singh was traveling on the adjoining seat. Having completed all the codal/statutory formalities and in the wake of search, 10 Kgs. of intoxicant powder was recovered from the plastic bag lying in the pointed car.
5. Meaning thereby, neither his name is mentioned nor any specific role or particular part is attributed to the petitioner in the FIR. Moreover, nothing was recovered from him. Subsequently, he was involved in pursuance of the disclosure statements of main accused Rajinder Singh and Kulbir Singh, on the plea that the indicated Skoda car was provided to them by the petitioner to smuggle the intoxicant powder. In that eventuality, as to whether the petitioner can be held guilty of offences punishable u/ss 22 and 25 of the NDPS Act or not and what is evidentiary value, admissibility and acceptability of such disclosure statements of main co- accused, relatable to his case, inter-alia, would be the moot points to be decided during the course of trial after receipt of evidence of parties by the trial Court.
6. There is yet another aspect of the matter, which can be viewed entirely from a different angle. According to the prosecution, during the ARVIND SHARMA 2014.08.22 19:23 I attest to the accuracy and integrity of this document Chandigarh CRM No. M-27542 of 2014 3 course of investigation of the case, 1½ Kg. of Psychotropic powder was recovered from the possession of Avtar Singh alias Tari, co-accused of the petitioner. Despite the pointed recovery, he was granted the concession of regular bail, by way of order dated 13.12.2013 (Annexure P35 Colly) rendered in CRM No. M-36492 of 2013 by a Coordinate Bench (Ritu Bahri, J.) of this Court. Sequelly, Harpreet Singh Lamba co-accused, who was found in possession of 5 Kg. of Pseudoephedrine a controlled substance, was allowed bail, by virtue of order dated 27.3.2014 (Annexure P35 Colly) passed in CRM No. M-43845 of 2013 by a Coordinate Bench (M.Jeyapaul, J.) of this Court. Likewise, Kulbir Singh and Rajinder Singh, main co- accused of the petitioner, were also granted the concession of regular bail, by means of order dated 9.4.2014 (Annexure P35 Colly) rendered in CRM No. M-3531 of 2014 and order dated 11.4.2014 (Annexure P35 Colly) respectively, by a Coordinate Bench (Tejinder Singh Dhindsa, J.) of this Court. Therefore, I see no reason not to extend the same benefit of regular bail to the present petitioner as well, who is on much better footing, than his indicated co-accused already released on bail.
7. Moreover, the petitioner was arrested on 8.3.2013. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. There is no history of his previous conviction in any other criminal case. The final conclusion of trial will naturally take a long time.
8. In the light of aforesaid reasons, taking into consideration the totality of facts & circumstances, emanating from the record, as depicted here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of main case, the instant petition for regular bail is accepted. The petitioner is ordered to ARVIND SHARMA 2014.08.22 19:23 I attest to the accuracy and integrity of this document Chandigarh CRM No. M-27542 of 2014 4 be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of the trial Court.
9. Needless to mention that nothing observed, here-in-above, would reflect, on merits of the main case, in any manner, as the same has been so recorded for the limited purpose of deciding the present petition for regular bail only.
22.08.2014 (Mehinder Singh Sullar)
AS Judge
ARVIND SHARMA
2014.08.22 19:23
I attest to the accuracy and
integrity of this document
Chandigarh