Babbal v. State of Punjab State of Punjab
Case Details
CRM M-4 44523-2024 (O&M) [1] 336 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 RM M-44523-2024 (O&M) CRM M Date of Decision: 15.01.2025 Date of Decision: 15 Sukhwinder Singh @ Babbal Sukhwinder Singh @ Babbal ...Petitioner VERSUS State of Punjab State of Punjab ...Respondent
Legal Reasoning
HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE , Advocate for the petitioner. Present : Ms. Meenu, Advocate for the petitioner. Present : Mr. Rohit Bansal, Sr. DAG, Punjab. Mr. Rohit Bansal, Sr. DAG, Punjab. **** 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 dated of regular bail to the petitioner in case bearing FIR No.137 dated of regular bail to the petitioner in case bearing FIR No. of regular bail to the petitioner in case bearing FIR No. 21 and 22 of the NDPS Act, 1985, 21 and 22 of the NDPS Act, 1985 27.09.2023 under Sections 21 and 22 of the NDPS Act, 1985 27.09.2023 Kot Ise Khan, District Moga, whereby the registered at Police Station Kot Ise Khan, District Moga, whereby the Kot Ise Khan, District Moga, whereby the registered at Police Station titioner has been implicated with the allegation of recovery of 30 petitioner has been implicated with the allegation of recovery of 30 titioner has been implicated with the allegation of recovery of 30 titioner has been implicated with the allegation of recovery of 30 grams of Heroien and 50 intoxicant tablets containing salt Etizolam grams of Heroien and 50 intoxicant tablets containing grams of Heroien and 50 intoxicant tablets containing Etizolam. 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 ounsel same is taken on record. Copy thereof has been furnished to counsel same is taken on record. Copy thereof has been furnished to c same is taken on record. Copy thereof has been furnished to c 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 last about 01 year and 04 months; trial petitioner is in custody for the last about 01 year and 04 months; trial petitioner is in custody for the last about 01 year and 04 months; trial petitioner is in custody for the last about 01 year and 04 months; trial witness has is likely to take some time to conclude as no prosecution witness has is likely to take some time to conclude as no prosecution is likely to take some time to conclude as no prosecution been examined and he being not involved in any other case, thus been examined and he being not involved in any other case, thus been examined and he being not involved in any other case, thus been examined and he being not involved in any other case, thus deserves the concession of bail. deserves the concession of bail. 3. 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 while petitioner has been opposed by learned State counsel while petitioner has been opposed by learned State counsel petitioner has been opposed by learned State counsel the present case is commercial submitting that the recovery in the present case is commercial the present case is commercial submitting that the recovery in SANJAY GUPTA 2025.01.16 10:22 I attest to the accuracy and authenticity of this document CRM M-4 44523-2024 (O&M) [2] quantity and thus the petitioner does not deserve the concession of quantity and thus the petitioner does not deserve the concession of quantity and thus the petitioner does not deserve the concession of quantity and thus the petitioner does not deserve the concession of bail. 4. 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 through the paper book. I find substance in the submissions made by through the paper book. I find substance in the submissions made by through the paper book. I find substance in the submissions made by through the paper book. I find substance in the submissions made by learned counsel for the petitioner. learned counsel for th 5. 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 none of the prosecution witness has been examined. The and none of the prosecution witness has been examined. The and none of the prosecution witness has been examined. The and none of the prosecution witness 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 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 fact that the trial is likely to take some time, I do not justification to extend the incarceration of the petitioner. justification to extend the incarceration of the petitioner justification to extend the incarceration of the petitioner 6. 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 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. 7. 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 15.01.2025 sanjay ( HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Whether speaking/reasoned ? Whether Reportable ? Yes/No Yes/No SANJAY GUPTA 2025.01.16 10:22 I attest to the accuracy and authenticity of this document