24.01.2025 Anil Joshi Alias Rohit Joshi Anil Joshi Alias Rohit Joshi State of Punjab v. …
Case Details
CRM-M-62033 62033-2024 -1- 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 (207) CRM-M-62033-2024 2024 5 Date of Decision:-24.01.2025 Anil Joshi Alias Rohit Joshi Anil Joshi Alias Rohit Joshi State of Punjab State of Punjab Versus ……Petitioner ……Petitioner s ……Respondents CORAM:
Legal Reasoning
ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN **** Present: Advocate for the petitioner. Mr. Ruhani Chadha, Advocate for the petitioner Mr. Shekhar Verma, Addl. A.G., Punjab. Mr. Shekhar Verma, Addl. A.G., Punjab. **** ALOK JAIN, J. (Oral) ALOK JAIN 1. petition is for grant of regular bail to the The present second petition is for grant of regular bail to the petition is for grant of regular bail to the petitioner in case FIR No.19 dated 05.02.2022, petitioner in case FIR No. under Section 21 of 05.02.2022, under Section 21 of Narcotic Drugs and Psychotropic Substance Act, 1985 and Offence under Narcotic Drugs and Psychotropic Substance Act, 1985 and Offence under Narcotic Drugs and Psychotropic Substance Act, 1985 and Offence under Narcotic Drugs and Psychotropic Substance Act, 1985 and Offence under Section 29 of Narcotic Drugs and Psychotropic Substance Act, 1985 added Section 29 of Narcotic Drugs and Psychotropic Substance Act, 1985 added Section 29 of Narcotic Drugs and Psychotropic Substance Act, 1985 added Section 29 of Narcotic Drugs and Psychotropic Substance Act, 1985 added ater on, registered at Police Station Sujanpur, District Pathankot. later on, registered at Police Station Sujanpur, District Pathankot. ater on, registered at Police Station Sujanpur, District Pathankot. 2. Learned counsel for the petitioner, on instructions from the Learned counsel for the petitioner, on instructions from the Learned counsel for the petitioner, on instructions from the father of the petitioner, submits that the statement under Section 313 father of the petitioner, submits that the statement under Section 313 father of the petitioner, submits that the statement under Section 313 father of the petitioner, submits that the statement under Section 313 tter is now fixed for Cr.P.C. was duly recorded on 23.01.2025, and the matter is now fixed for Cr.P.C. was duly recorded on 23.01.2025, and the ma Cr.P.C. was duly recorded on 23.01.2025, and the ma 28.01.2025. However, counsel for the petitioner assures the Court and 28.01.2025. However, counsel for the petitioner assures the Court and 28.01.2025. However, counsel for the petitioner assures the Court and 28.01.2025. However, counsel for the petitioner assures the Court and reasserts that the petitioner be granted the concession of regular bail and he reasserts that the petitioner be granted the concession of regular bail and he reasserts that the petitioner be granted the concession of regular bail and he reasserts that the petitioner be granted the concession of regular bail and he shall not absent himself in the proceedings before the trial Court shall not absent himself . Counsel in the proceedings before the trial Court. Counsel Manju 2025.01.24 17:30 I attest to the accuracy and integrity of this document CRM-M-62033 62033-2024 -2- ly submits that, though the trial is at the fag end, the petitioner be also fairly submits that, though the trial is at the fag end, the petitioner be ly submits that, though the trial is at the fag end, the petitioner be ly submits that, though the trial is at the fag end, the petitioner be given a chance to bring in any defence witness given a chance t o bring in any defence witness to proceed in the matter. 3. earned counsel for the petitioner relies upon the judgment Learned counsel for the petitioner relies upon the judgment earned counsel for the petitioner relies upon the judgment Tofan Singh Vs. State of passed by the Hon’ble Supreme Court of India in Tofan Singh Vs. State of passed by the Hon’ble Supreme Court of India in passed by the Hon’ble Supreme Court of India in submits that no recovery has been effect Tamil Nadu(2021) 4 SCC 1 and submits that no recovery has been effect submits that no recovery has been effect Tamil Nadu(2021) 4 from the petitioner. from the petitioner. 4. learned State counsel has filed custody certificate, Per contra, learned State counsel has filed custody certificate, learned State counsel has filed custody certificate, which is taken on record, and vehemently opposed the grant of bail to the which is taken on record, and vehemently opposed the grant of bail to the which is taken on record, and vehemently opposed the grant of bail to the which is taken on record, and vehemently opposed the grant of bail to the on the ground that there are other cases against the petitioner. petitioner on the ground that there are other cases against the petitioner. on the ground that there are other cases against the petitioner. on the ground that there are other cases against the petitioner. oner has been granted the However, he could not deny the fact that the petitioner has been granted the However, he could not deny the fact that the petiti However, he could not deny the fact that the petiti concession of regular bail in those cases. concession of regular bail in those cases. 5. Faced with the above, learned counsel for the petitioner has Faced with the above, learned counsel for the petitioner has Faced with the above, learned counsel for the petitioner has be put to heavy surety and has volunteered that the submitted that petitioner be put to heavy surety and has volunteered that the be put to heavy surety and has volunteered that the submitted that before the trial Court petitioner is ready to deposit an F.D.R. of Rs.1 lac before the trial Court petitioner is ready to deposit an F.D.R. of petitioner is ready to deposit an F.D.R. of subject to the outcome of the trial and he shall not jump the bail or subject to the outcome of the trial and he shall not jump the bail or subject to the outcome of the trial and he shall not jump the bail or subject to the outcome of the trial and he shall not jump the bail or procrastinate the trial. procrastinate the trial. 6. 7. Heard learned counsel for the parties. Heard learned counsel for the parties. Considering the fact that the petitioner has been in custody Considering the fact that the petitioner has been in custody Considering the fact that the petitioner has been in custody since 14.02.2022 which is more than 2 years, since 14.02.2022 wh days, and more than 2 years, 11 months and 09 days, and the petitioner has volunteered to deposit a sum of Rs.1 the petitioner has volu by way of an nteered to deposit a sum of Rs.1 lac by way of an F.D.R., coupled with the fact that the trial is likely to take time, no useful F.D.R., coupled with the fact that the trial is likely to take time, no useful F.D.R., coupled with the fact that the trial is likely to take time, no useful F.D.R., coupled with the fact that the trial is likely to take time, no useful n custody. Therefore, purpose would be served by keeping the petitioner in custody. Therefore, purpose would be served by keeping the petitioner i purpose would be served by keeping the petitioner i the concession of regular bail. the petitioner is entitled to the concession of regular bail. the petitioner is entitled to 8. ithout commenting upon the merits, the present petition is Without commenting upon the merits, the present petition is ithout commenting upon the merits, the present petition is Manju 2025.01.24 17:30 I attest to the accuracy and integrity of this document CRM-M-62033 62033-2024 -3- , if not required allowed and the petitioner is ordered to be released on bail, if not required allowed and the petitioner is ordered to be released on bail allowed and the petitioner is ordered to be released on bail in any other case, subject to his depositing a sum of Rs. in any other case, subject by way of an depositing a sum of Rs.1 lac by way of an F.D.R. of some of some Nationalized Bank before the trial Court and on his before the trial Court and on his furnishing bail and surety bonds to the satisfaction of the trial Court/Duty furnishing bail and surety bonds to the satisfaction of the trial Court/Duty furnishing bail and surety bonds to the satisfaction of the trial Court/Duty furnishing bail and surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. He shall, however, be released on the follow Magistrate concerned. ing shall, however, be released on the following conditions: Petitioner shall declare etitioner shall declare his ordinary place of residence a nd the mobile ordinary place of residence and the mobile number used by him. number used by Petitioner will not switch off mobile and in case of any technical Petitioner will not switch off his mobile and in case of any technical mobile and in case of any technical , which will be available in glitch, he has to give an alternate number, which will be available in glitch, he has to give an alternate number glitch, he has to give an alternate number absence. his absence. Petitioner presence before the SHO concerned, after Petitioner will mark his presence before the SHO concerned, after presence before the SHO concerned, after every 15 days and in case the SHO refuses to mark every 15 days and in presence, he case the SHO refuses to mark his presence, he is permitted to make an application before the Illaqa Magistrate, is permitted to make an application before the Illaqa Magistrate, is permitted to make an application before the Illaqa Magistrate, is permitted to make an application before the Illaqa Magistrate, concerned. concerned. Petitioner y without the prior permission of Petitioner will not leave the country without the prior permission of y without the prior permission of the Court, for which he has to submit the copy of the Court, for which he passport also. submit the copy of his passport also. passport, However, in case, the petitioner does not possess a valid passport, However, in case, the petitioner does not possess a However, in case, the petitioner does not possess a then he shall file an undertaking to the said effect before being then he shall file an undertaking to the said effect before being then he shall file an undertaking to the said effect before being then he shall file an undertaking to the said effect before being released. released. 09. petitioner shall abide by the terms and conditions as The petitioner shall abide by the terms and conditions as petitioner shall abide by the terms and conditions as imposed in addition to the provisions of Section imposed in addition to Section 483 of the B.N.S.S., 2023. 10. However, nothing stated above shall be construed as a final However, nothing stated above shall be construed as a final However, nothing stated above shall be construed as a final and this order shall not be expression of opinion on the merits of the case and this order shall not be expression of opinion on the merits of the case expression of opinion on the merits of the case Manju 2025.01.24 17:30 I attest to the accuracy and integrity of this document CRM-M-62033 62033-2024 -4- accused in any manner whatsoever. considered as parity qua any other co-accused in any manner whatsoever. considered as parity qua any other co 11. It is made clear that, in case, the petitioner is found involved in It is made clear that, in case, the petitioner is found involved in It is made clear that, in case, the petitioner is found involved in any such activity once again, the State is at liberty to promptly move an any such activity once again, the State is at liberty to promptly move an any such activity once again, the State is at liberty to promptly move an any such activity once again, the State is at liberty to promptly move an ate application for cancellation of bail detailing out appropriate application for cancellation of bail detailing out ate application for cancellation of bail detailing out ate application for cancellation of bail detailing out the the the the circumstances and violation of the condition(s) of bail. circumstances and violation of the condition(s) of bail. circumstances and violation of the condition(s) of bail. 12. , The amount of Rs.1 lac shall be kept as an F.D.R. and in case shall be kept as an F.D.R. and in case, e the petitioner is held guilty and any fine is imposed upon him, the same the petitioner is held guilty and any fine is imposed upon the petitioner is held guilty and any fine is imposed upon the petitioner is shall be adjusted from the said amount and in case, the petitioner is shall be adjusted from the said amount and in case shall be adjusted from the said amount and in case acquitted in the present FIR, the said principal amount shall be refunded to acquitted in the present FIR, the said principal amount shall be refunded to acquitted in the present FIR, the said principal amount shall be refunded to acquitted in the present FIR, the said principal amount shall be refunded to the petitioner within four weeks from the date of the petitioner within four weeks from the date of order of acquittal, if any. January 24, 2025. January 24 Manju Whether speaking/reasoned: Whether speaking/reasoned:- Whether Reportable:- Whether Reportable: Yes/No Yes/No (ALOK JAIN) JUDGE Manju 2025.01.24 17:30 I attest to the accuracy and integrity of this document