The High Court
Case Details
CRM M-3419 3419-2025 (O&M) [1] 304 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CRM M RM M-3419-2025 (O&M) Date of Decision: 27.01.2025 Date of Decision: Sahil Kumar Gill Sahil Kumar Gill State of Haryana State of VERSUS ...Petitioner ...Respondent ...Respondent
Legal Reasoning
HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE Present : Mr. Pratap Singh Gill, Advocate Present : r. Pratap Singh Gill, Advocate for the petitioner. Hitesh Pandit, Addl.A.G. Haryana. Mr. Hitesh Pandit, Addl.A.G. Haryana. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, By way of present second 439 second petition filed under Section 439 Cr.P.C. (Section 483 BNSS, 2023) , prayer has been made for grant (Section 483 BNSS, 2023), prayer has been made for grant , prayer has been made for grant 612 dated of regular bail to the petitioner in case bearing FIR No.612 dated of regular bail to the petitioner in case bearing FIR No. of regular bail to the petitioner in case bearing FIR No. NDPS Act, 1985, 30.08.2023 under Sections 21 C, 22 C, 25 & 29 of NDPS Act, 1985, 30.08.2023 under Sections 21 C, 22 C, 25 & 29 of 30.08.2023 under Sections 21 C, 22 C, 25 & 29 of registered at Police Station Assandh, District Karnal, registered at Police Station whereby the Assandh, District Karnal, whereby the 1250 petitioner has been implicated with the allegation of recovery of 1250 petitioner has been implicated with the allegation of recovery of petitioner has been implicated with the allegation of recovery of tablets of Alprazolam and 900 capsules of Tramadol. tablets of Alprazolam and 900 capsules of Tramadol tablets of Alprazolam and 900 capsules of Tramadol 2. Custody certificate has been filed in Court today. The Custody certificate has been filed in Court today. The Custody certificate has been filed in Court today. The same is taken on record. Copy thereof has been furnished to counsel same is taken on record. Copy thereof has been furnished to counsel same is taken on record. Copy thereof has been furnished to counsel same is taken on record. Copy thereof has been furnished to counsel opposite. Registry to tag the same at appropriate place. opposite. Registry to tag the same at appropriate place. opposite. Registry to tag the same at appropriate place. 3. Learned counsel for the petitioner submits that the Learned counsel for the petitioner submits that the Learned counsel for the petitioner submits that the petitioner is in custody for the investigation already stands concluded; petitioner is in custody for the investigation already stands concluded; investigation already stands concluded; last about 01 year and 04 months; trial is likely to take some time to last about 01 year and 04 months; trial is likely to take some time to last about 01 year and 04 months; trial is likely to take some time to last about 01 year and 04 months; trial is likely to take some time to prosecution witness has been examined and he conclude as only one prosecution witness has been examined and he prosecution witness has been examined and he conclude as being not involved in any other case, thus deserves the concession of being not involved in any other case, thus deserves the concession of being not involved in any other case, thus deserves the concession of being not involved in any other case, thus deserves the concession of bail. 4. he prayer made on behalf of the On the other hand, the prayer made on behalf of the he prayer made on behalf of the petitioner has been opposed by learned State counsel whi petitioner has been opposed by learned State counsel petitioner has been opposed by learned State counsel while huge recovery of intoxicating material has been made submitting that huge recovery of intoxicating material has been made huge recovery of intoxicating material has been made submitting that SANJAY GUPTA 2025.01.27 18:59 I attest to the accuracy and authenticity of this document CRM M-3419 3419-2025 (O&M) [2] commercial quantity and thus he commercial quantity and thus from the petitioner which falls under commercial quantity and thus from the petitioner which falls under does not deserve the concession of bail. does not deserve the concession of bail. does not deserve the concession of bail. 5. I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone aper book. I find substance in the submissions made by through the paper book. I find substance in the submissions made by aper book. I find substance in the submissions made by through the p learned counsel for the petitioner. learned counsel for the petitioner. 6. In In In the present case, the present case, the present case, investigation already stands investigation already stands investigation already stands filing of challan, followed by framing of charges concluded with the filing of challan, followed by framing of charges filing of challan, followed by framing of charges concluded with the and out of 13 out of 13 prosecution witnesses only has been examined. The es only 01 has been examined. The petitioner is in custody for the last 01 year and 04 months and is not petitioner is in custody for the last 01 year and 04 months and is not petitioner is in custody for the last 01 year and 04 months and is not petitioner is in custody for the last 01 year and 04 months and is not the involved in any other case, in such circumstances, considering the involved in any other case, in such circumstances, c involved in any other case, in such circumstances, c fact that the trial is likely to take some time, I do not find any fact that the trial is likely to take some time, I do not find any fact that the trial is likely to take some time, I do not find any fact that the trial is likely to take some time, I do not find any justification to extend the incarceration of the petitioner justification to extend t he incarceration of the petitioner. 7. Accordingly, without expressing any opinion on the merits Accordingly, without expressing any opinion on the merits Accordingly, without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is of the case, the present petition is allowed and the petitioner is of the case, the present petition is allowed and the petitioner is of the case, the present petition is allowed and the petitioner is furnishing adequate bail ordered to be released on bail, subject to his furnishing adequate bail ordered to be released on bail, subject to ordered to be released on bail, subject to surety bonds to the satisfaction of the concerned Trial bonds/ surety bonds to the satisfaction of the concerned Trial surety bonds to the satisfaction of the concerned Trial surety bonds to the satisfaction of the concerned Trial Court/Duty Magistrate. Court/Duty Magistrate. 8. Pending miscellaneous application(s), if any, shall also Pending miscellaneous application(s), if any, shall also Pending miscellaneous application(s), if any, shall also
Decision
stand disposed of. stand disposed of. .01.2025 27.01.2025 sanjay ( HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Whether speaking/reasoned ? Whether Reportable ? Yes/No Yes/No SANJAY GUPTA 2025.01.27 18:59 I attest to the accuracy and authenticity of this document