CRM-M No. 2426 of 2024 · Punjab Njab And Haryana High Court · 2024

Mr. G.S. Bhatia, Advocate for the petitioner. Mr. Randhir Singh Thind, DAG, DAG, Punjab. **** JAIN, J. (Oral) ALOK JAIN

1. The present petition has been fil een filed inter alia praying for grant of regular bai bail to the petitioner in case FIR N FIR No. 41 dated 16.04.2023, under Sections 30 302, 307, 324, 323, 458, 148 and 1 and 149 of the Narcotic Drugs and Psychotropic tropic Substances Act, 1985, register raya, egistered at Police Station Goraya, District Jalan t Jalandhar (Annexure P-1).

2. Custody certificate of the petitio petitioner has been filed by learned State counsel ounsel in Court today, which is taken taken on record, according to which the petitioner titioner is in custody for the last s on 01 year and 29 days (as on 024). 19.05.2024).

3. The contentions of the learn learned counsel for the petitioner already stand stand recorded vide order dated 02.02 ed as 02.02.2024, which is reproduced as under: PARUL 2024.05.20 17:46 I attest to the accuracy and authenticity of this document CRM-M-2426 2426-2024 2 2 Learned counsel fo el for the petitioner submits that the role attributed to the pe e petitioner does not fulfil the ingredients of Section 302 IP IPC and considering his long custody, he should be granted th l as d the concession of regular bail as no specific injury has been attrib ttributed by the petitioner.

4. Learned State counsel by rel y relying upon the status report submits that s that the petitioner was present on the spot of occurrence and has inflicted injur d injures with the baseball bat which t leg which hit the victim on the left leg and left hand hand of two of the victims and both both the injuries were declared blunt in nature, how re, however, admitted that the report of port of the FSL is still awaited.

5. Learned counsel for the petiti t the petitioner has reiterated that the testimony of ny of the material witnesses i.e. the w the wife of the deceased has already been taken p ken place and she has turned hosti t the hostile and hence, prays that the concession of sion of regular bail be granted to the pe the petitioner.

7. Heard learned counsel for the pa the parties. In light of the above, considerin t has idering the fact that no overt act has been attribute tributed to the petitioner but the petitio 01 petitioner has already undergone 01 year and 29 d d 29 days in the present FIR, therefor ld be erefore, no useful purpose would be served by kee by keeping the petitioner in custody, h titled tody, hence, the petitioner is entitled to the grant o r bail. rant of the concession of regular bail.

8. At this stage, learned counsel ounsel for the petitioner has also volunteered th ered that the petitioner will deposit a osit a sum of Rs. 1,00,000/-. PARUL 2024.05.20 17:46 I attest to the accuracy and authenticity of this document CRM-M-2426 2426-2024 3 3

9. Without commenting upon the m the merits of the case, the present petition stan stands allowed and the petition etitioner will deposit a sum of Rs. 1,00,000 0,000/- in the shape of FDR and t o be and the petitioner is ordered to be released on ba on bail on furnishing bail bonds and s and surety bonds to the satisfaction of the trial C trial Court/Duty Magistrate, concerne ncerned and in case, the petitioner absent himsel himself from the proceedings, the sai ed in the said amount shall be forfeited in favour of th of the State. The petitioner shall, shall, however, be released on the following con ng conditions: The petitioner shall declare his o i. e his ordinary place of residence and him. the mobile number used by him. ii. The petitioner will not switch off f any tch off his mobile and in case of any technical glitch, he has to give a give an alternate number, which will be available in his absence. iii. The petitioner will mark his prese rned, s presence before the SHO concerned, after every 15 days and in case k his n case the SHO refuses to mark his presence, he is permitted to mak make an application before the Illaqa Magistrate, concerned. iv. The petitioner will not leave t eave the country without the prior permission of the Court, for whic f his r which he will submit the copy of his passport also. However, in case th ssess a case the petitioner does not possess a passport, then he shall file an le an undertaking to the said effect before being released. The petitioner shall abide by s as e by the terms and conditions as imposed in ad r.P.C. d in addition to Section 439 of Cr.P.C. PARUL 2024.05.20 17:46 I attest to the accuracy and authenticity of this document CRM-M-2426 2426-2024 4 4

10. It is made clear that the amount mount of Rs.1,00,000/- deposited by the petitioner itioner shall be kept in fixed deposit eposit and in case, the petitioner is acquitted, the , the same shall be returned to d to him, however, in case of his conviction, th ion, the said amount shall be adjusted justed against the fine imposed upon him.

11. It is further made clear that, in hat, in case, the petitioner is found involved in a d in any such activity once again, the in, the State is at liberty to promptly move an app n appropriate application for cancella t the ancellation of bail detailing out the circumstances stances and violation of conditions of ba s of bail.

12. However, nothing stated above above shall be construed as a final expression of ion of opinion on the merits of the cas he case.

13. It is further made clear that this ed as t this order shall not be construed as parity qua any any other co-accused. , 2024 May 20, 2024 Whether speaking/reasoned: Whether Reportable:- oned:- Yes/No Yes/No (ALOK JAIN) JUDGE PARUL 2024.05.20 17:46 I attest to the accuracy and authenticity of this document