Punjab-Haryana High Court
Binder Kaur Alias Goga vs State Of Punjab on 6 February, 2020
Author: Jasgurpreet Singh Puri
Bench: Jasgurpreet Singh Puri
CRM-M-4584 of 2020 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-4584 of 2020
Date of Decision:-06.02.2020
Binder Kaur alias Goga
...Petitioner
Versus
State of Punjab
...Respondent
CORAM:- HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
Present:- Mr. Amritpal Singh Gill, Advocate
for the petitioner.
Mr. A.P.S. Gill, DAG, Punjab.
JASGURPREET SINGH PURI J.(Oral)
Petitioner-Binder Kaur @ Goga has filed the present petition under Section 439 Cr.P.C. for grant of regular bail pending trial in case FIR No.193 dated 08.11.2019, under Section 22 of NDPS Act, registered at Police Station Kabarwala, District Sri Muktsar Sahib.
Learned counsel for the petitioner has vehemently argued that in the present case the petitioner has been falsely implicated. He has further stated that the petitioner is a young lady of 38 years of age, having a family and has good antecedents. He has further stated that there is no past history of the petitioner and she is not involved in any other case till date. He has further contends that even as per the allegations contained in the FIR, the petitioner was carrying 1000 tablets containing Tramadol Hydrochloride 1 of 3 ::: Downloaded on - 01-03-2020 06:20:58 ::: CRM-M-4584 of 2020 -2- salt in her hand, which was in a transparent polythene bag. Learned counsel states that the story put forward by the police is ex facie concocted because in case any person wishes to do the trading or to carry the contraband then it would never be put in a transparent bag. He has further pointed out that in the FIR it has been repeatedly recorded that bag was transparent in nature. He has further submitted that the petitioner is in custody since 08.11.2019.
Per contra learned State counsel on instructions from ASI Jasvir Singh states that the recovery was effected from the conscious possession of the petitioner and so far as the transparent bag is concerned, learned State counsel on instructions not denied the fact that that the bag was in fact transparent.
Learned State counsel has filed the custody certificate of the petitioner by way of affidavit of Rajdeep Singh Brar, Deputy Superintendent, Central Prison, Faridkot. Same is taken on record. As per the custody certificate the petitioner is in custody for a period of 02 months and 27 days and there is no other case against her. He further submits that after completion of investigation and presentation of challan, the charges have also been framed by the trial Court.
I have heard learned counsel for the parties and perused the record and custody certificate, which has been filed by learned State counsel.
At the time of deciding bail application there are various relevant factors, which can be taken into consideration. Prima facie probability of influencing witnesses is one of the element factor and also as to whether the petitioner is particularly involved in any other case is also a 2 of 3 ::: Downloaded on - 01-03-2020 06:20:58 ::: CRM-M-4584 of 2020 -3- relevant factor. It is also relevant in any case for deciding the bail application as to what is the stage of the case. In the present case the investigation is already over and the petitioner is in custody for about three months and this Court while deciding the bail application would not go into the merits of the case. Nothing is apparent to show that petitioner may influence the witnesses. Therefore, without meaning any expression of opinion on the merits of the case, it is ordered that the petitioner be released on regular bail subject to her furnishing requisite bail bonds/surety bonds to the satisfaction of the trial Court.
However, anything observed hereinabove shall not be treated as an expression of opinion on merits of the case and is meant for the purpose of deciding the present petition only.
The petition is allowed.
Fabruary 06, 2020 ( JASGURPREET SINGH PURI )
Vijay Asija JUDGE
Whether speaking/reasoned Yes / No
Whether Reportable Yes / No
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