Himachal Pradesh High Court
Pankaj Tanwar vs State Of Himachal Pradesh on 16 March, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 16TH DAY OF MARCH, 2022
BEFORE
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
.
CRIMINAL MISC. PETITION (MAIN) No.2467 of 2021
Between
PANKAJ TANWAR, AGED ABOUT 34 YEARS
S/O LATE SHRI INDER SINGH
R/O VILLAGE TUKADI,
POST OFFICE KUNIHAR,
TEHSIL ARKI, DISTRICT SOLAN,
HIMACHAL PRADESH.
.....PETITIONER
(BY SHRI ANIRUDH SHARMA, ADVOCATE)
AND
State of Himachal Pradesh ....RESPONDENT
(BY SHRI HEMANT VAID,
ADDITIONAL ADVOCATE GENERAL)
Reserved on : 15.3.2022
Decided on : 16.3.2022
This petition coming on for pronouncement this day, the
Court passed the following:
ORDER
Petitioner, invoking Section 439 of the Code of Criminal Procedure, has approached this Court for grant of bail in case FIR No.27/2021, dated 7.7.2021, registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') in Police Station Kunihar, District Solan, Himachal Pradesh.
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2. Status Report stands filed. Record has also been produced.
3. Prosecution case is that on 7.7.2021 at about 5.20 .
pm at Link Road Tukadi-Ishwa near Hanuman Temple Kunihar, petitioner, who was coming from opposite side having a carry bag in his hand, on noticing the Patrolling Party, got perplexed and tried to flee from the spot which caused suspicion. Petitioner was overpowered and after associating two independent witnesses, who were crossing the road on their scooters, whereabouts of petitioner were inquired and spot action of the police was photographed and on search of carry bag of the petitioner 402 grams of Charas was recovered from it. Recovered contraband was taken in possession after following the prescribed procedure and after sending Ruka to the Police Station, FIR was registered and thereafter petitioner was arrested. After remaining for five days in police remand, petitioner was sent to judicial custody and since then he is behind the bars.
4. Earlier, petitioner had approached the Special Judge, seeking bail by filing application on 30.9.2021, which was dismissed by Special Judge-III, Solan, vide order dated 26.10.2021.
5. Learned counsel for the petitioner has submitted that there is nothing in the Status Report regarding ::: Downloaded on - 16/03/2022 20:13:30 :::CIS CRMPM No.2467/2021 ...3...
involvement of petitioner in commission of the same or similar offence in past and further that quantity recovered from the petitioner is intermediate quantity and, therefore, rigors of .
Section 37 of the NDPS Act are not attracted in present case and that petitioner was arrested on 7.7.2021 and since then, for last about 8 months, he is in judicial custody, whereas guilt of the petitioner is yet to be proved and, thus, keeping in view the quantum of contraband alleged to be recovered from the petitioner and his period of detention, he deserves to be enlarged on bail, at this stage.
6. Learned Additional Advocate General has submitted that petitioner has committed a crime of heinous nature which is affecting not only the individuals but also society at large and spoiling the youth of Himachal Pradesh and, therefore, prayer for rejection of bail application has been made. Whereas, learned counsel for the petitioner has contended that in case of conclusion of trial in favour of the petitioner, his pre-trial detention would cause him irreparable loss and, therefore, petitioner should not be incarcerated without trial, rather should be enlarge don bail, considering his right to personal liberty. Learned counsel for the petitioner has also submitted that in case petitioner is enlarged on bail he is ready to abide by any condition imposed upon him. ::: Downloaded on - 16/03/2022 20:13:30 :::CIS CRMPM No.2467/2021
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7. Without commenting upon merits of rival contentions of the parties, considering the material placed before me and also parameters and factors necessary to be .
considered at the time of adjudication of bail application, I am of the opinion that, at this stage, petitioner may be enlarged on bail.
8. Accordingly, the petition is allowed and the petitioner is ordered to be enlarged on bail, at this stage, subject to his furnishing personal bond in the sum of `50,000/- with one surety in the like amount to the satisfaction of the trial Court, and upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure the presence of petitioner/accused at the time of trial:
(i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required;
(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to Court or to any police officer or tamper with the evidence.
He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;
(iii) that he shall not obstruct the smooth progress of the investigation/trial; ::: Downloaded on - 16/03/2022 20:13:30 :::CIS CRMPM No.2467/2021
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(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;
(v) that the petitioner shall not misuse his .
liberty in any manner;
(vi) that the petitioner shall not jump over the bail;
(vii) that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or during trial;
(viii) he shall not leave India without permission of the Court.
9. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. It shall be open for the trial Court to impose any other condition, as deemed necessary, upon the petitioner, independent of prayer of prosecution.
10. In case the petitioner violates any conditions imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.
11. Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013. ::: Downloaded on - 16/03/2022 20:13:30 :::CIS CRMPM No.2467/2021
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12. Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.
.
13. The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, passing of order may be verified from the High Court website or otherwise.
The petition stands disposed of in the aforesaid terms. r ( Vivek Singh Thakur ) March 16, 2022(sd) Judge.
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