Bhola v. State of Punjab
Case Details
CRM-M-33905-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 212 CRM-M-33905-2025 (O&M) Date of decision: 09.09.2025 Sawinder Singh @ Bhola Versus State of Punjab ....Petitioner ...Respondent
Legal Reasoning
This Court in the case of Balraj Singh vs. State of Punjab CRM-M- 57386-2022, on 14.12.2022 has followed the dictum laid down by Hon'ble The Supreme Court and granted the bail to the petitioner therein after he had VISHAL VARDHAN 2025.09.09 19:31 I attest to the accuracy and integrity of this document CRM-M-33905-2025 (O&M) -3- undergone total custody of 1 year and 6 months and in Munasi Masih vs. State of Punjab, CRM-M-31504-2022, on 06.2.2023, wherein commercial quantity of contraband had been recovered but only 2 out of 13 PWs had been examined, allowed bail. 8. Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 3 years, 3 months and 11 days; not involved in any other case; out of 43 prosecution witnesses only 14 have been examined, the trial is likely to take a considerable time, further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India and the rigors of Section 37 of the NDPS Act can be diluted bearing in mind the right to a speedy trial, the present petition is allowed. 9. The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial. (ii) The petitioner will not pressurize/ intimidate the prosecution witnesses. (iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court. (iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of. (v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner. (vi) The petitioner shall not in any manner misuse his liberty. (vii) The petitioner shall furnish his address and mobile VISHAL VARDHAN 2025.09.09 19:31 I attest to the accuracy and integrity of this document CRM-M-33905-2025 (O&M) -4- number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court. (viii) The petitioner shall not leave the country without prior permission of the trial Court. (ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner. 10. It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order. 11.
Arguments
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present : Mr. Shivender, Advocate for the petitioner. ***** Mr. Manipal Singh Atwal, DAG, Punjab. AMAN CHAUDHARY. J. ***** 1. The present third petition filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to the petitioner in case FIR No.92 dated 16.05.2022, registered under Sections 21/23 of NDPS Act (Section 27-A/29/59(2) of NDPS Act added later on), Section 4 and 5 of Explosive Substances Act, (Section 7/13(1) (a)(2) PC Act & Offences under Sections 13/16/18/20 UPA Act deleted vide DDR No.12, dated 18.09.2023), at Police Station Special Task Force, STF Wing (Annexure P-1). 2. Learned counsel contends that the petitioner has been in custody for 3 years and more than 3 months. He alleges false implication. His name surfaced based on the disclosure statement of co-accused Dilbagh Singh and Harpreet Singh @ Happy and recovery was effected from bed in his house and thus, the question of conscious possession is debatable. Charges have been framed on VISHAL VARDHAN 2025.09.09 19:31 I attest to the accuracy and integrity of this document CRM-M-33905-2025 (O&M) -2- 24.02.2023, however, out of 43 prosecution witnesses, only 14 have been examined, despite the issuance of non-bailable warrants to procure their presence. There is no other case registered against the petitioner. 3. The custody certificate dated 08.09.2025, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 3 years 3 months 11 days. 4. Learned State counsel opposes the bail on the ground that commercial quantity of contraband was recovered from the petitioner, pursuant to his disclosure statement from his house. However, he is unable to controvert the submissions with regard to stage of the case and the petitioner not being involved in other cases. 5. 6. Heard. Hon'ble The Supreme Court in Shariful Islam @ Sarif versus The State of West Bengal SLP (Crl.) No.4173/2022, decided on 04.08.2022, granted bail to the petitioner in a case of recovery of commercial quantity of contraband, considering incarceration for over 1 year and 6 months and there being no likelihood of completion of trial in the near future, while the Division Bench of this Court in Bhupender Singh vs. Narcotic Control Bureau (2022) 2 RCR (Crl.) 706, observed with regard to achieving balance between right to speedy trial guaranteed under Article 21 of the Constitution of India and rigors of Section 37 of NDPS Act. 7.
Decision
In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations. (AMAN CHAUDHARY) JUDGE 09.09.2025 Vishal Vardhan Whether speaking/reasoned Whether reportable : : Yes / No Yes / No VISHAL VARDHAN 2025.09.09 19:31 I attest to the accuracy and integrity of this document