Jasvir Singh Alias Jasbir Singh v. State of Punjab

IN

Jasvir Singh alia

State of Punjab CORAM: HO

Present : Mr

Mr AMAN CHAUD

1.

Pra grant of regular under Sections 2 Sadar Nabha, D

2.

Lea and 2 months. from him was m Buprenorphine possession as he positive patient, Medical Officer

07.08.2024 with involved in one

THE HIGH COURT OF PUN AT CHANDIGA

as Jasbir Singh

Versus

ON'BLE MR. JUSTICE AMAN

***** r. Yashpal Thakur, Advocate for r. Manipal Singh Atwal, DAG Pu ***** DHARY, J. (ORAL) ayer in the present petition filed r bail to the petitioner in FIR N 22 of NDPS Act and 42/52-A of istrict Patiala. arned counsel contends that the He has been falsely implicated marginally above the commercia Hydrochloride, which was also e was inside the jail in another , which the learned State counse r, New District Jail, Nabha, ap h the affidavit filed by the Sup e case, wherein the sentence

NJAB & HARYANA ARH CRM-M-36330-2024 Date of decision: 08.08.202

....Petition

...Respond N CHAUDHARY

the petitioner unjab d under Section 439 Cr.P.C. is No.93 dated 13.05.2020, register f Prison Act, 1894, at Police Stati petitioner is in custody for 1 ye d. The recovery allegedly effect al quantity, it being 21.28 grams not recovered from his conscio case at that time. He is an HIV el has verified and affirmed by t ppended as Annexure R-1, dat erintendent, Jail. The petitioner stands suspended. In this rega

ner ent

for red ion ear ted of ous V+ ted r is ard,

reliance is place Mohd. Amir Ra

3.

Lea report of Jail M as per which, th

4.

Lea call details whic to controvert the the petitioner be

5.

Hea

6.

Ho Rashadi (supra basis of crimin rejected. In oth accused in the c possibility of fle

7.

Ho vs. The State

25.01.2023 obs recovered to be charges had be dispensed with.

(2022) 2 RCR (C achieving balan

ed on the judgment of Hon'ble ashadi vs. State of U.P. and oth arned State counsel has filed aff Medical Officer and custody cert e petitioner is behind bars for 1 y arned State counsel opposes the ch led to the recovery which is c e submissions made regarding th eing suspended in another case. ard. n'ble The Supreme Court in th a) had held that, "As observed b nal antecedents, the claim of t her words, it is the duty of the case in which he has been charge eeing away from the jurisdiction n'ble The Supreme Court in the of Uttar Pradesh, SLP (Crim served that in case of long cu of commercial nature, where th een framed, the condition of S In the case of Bhupender Sin Crl.) 706, the Division Bench of ce between right to speedy trial The Supreme Court in Maula hers, 2012(2) SCC 382. fidavit dated 07.08.2024 alongw ificate, which are taken on reco year and 2 months. e bail on the ground that there a commercial. He is however unab he stage of the case and sentence he case of Maulana Mohd. Am by the High Court, merely on t the second respondent cannot Court to find out the role of t ed and other circumstances such of the Court etc." e case of Dheeraj Kumar Shuk minal) No.6690/2022 decided ustody period, involving quant he trial is yet to commence, thou Section 37 of NDPS Act can ngh vs. Narcotic Control Bure f this Court observed with regard guaranteed under Article 21 of t

ana with ord, are ble e of mir be h as kla on tity ugh be eau

Constitution of I Masih vs. Stat Court granted contraband had observing that in be diluted to an right to a speedy

8.

Con the petitioner is is HIV+ positiv incarceration of Article 21 of th can be diluted petition for gran

9.

As to be released o satisfaction of tr required in any o

India and rigors of Section 37 of te of Punjab, CRM-M-31504-2 bail to a first offender from been recovered and only 2 out o n view of delayed trial, the rigo extent and the petitioner can be y trial as envisaged Article 21 of nsidering the facts and circumst in custody for the last 1 year an ve; the trial is likely to take f the petitioner would be viola he Constitution of India and the bearing in mind the righty to nt of regular bail deserves to be a a result, the present petition is on regular bail, subject to his f rial Court/Duty Magistrate conc other case. The petitioner shall a

(i) The petitioner will no the trial.

(ii) The petitioner will prosecution witnesses.

(iii) The petitioner will app and every date fixed, order of Court.

(iv) The petitioner shall no offence of which, he is which he is suspected f NDPS Act. In the case of Mun 2022, decided on 06.02.2023, t m whom commercial quantity of 13 PWs have been examined, ors of Section 37 of NDPS Act c e granted bail, keeping in mind t f the Constitution of India. ances of the case, in particular th d 2 months; on bail in another ca a considerable time, thus furth ative of his right enshrined und rigors of Section 37 of NDPS A a speedy trial, thus, the pres allowed. allowed. The petitioner is order furnishing bail/surety bonds to t cerned and subject to his not bei abide by the following conditions ot tamper with the evidence duri not pressurize/ intimidate t . pear before the trial Court on ea unless is exempted by a speci ot commit an offence similar to t s an accused, or for commission of.

asi this of by can hat ase; her der Act ent red ing s:- ing ach ific

10.

It i aforesaid condit granted to the pe

11.

In v are limited for t an opinion on th the aforesaid ob

08.08.2024 Hemant

Whether s

Whether r

(v) The petitioner shall induce, threaten or p with the facts of the c disclosing such facts t or tamper with the evid

(vi) The petitioner shall no

(vii) The petitioner shall number to the Trial Co the same till the conc any reason, the petiti aforesaid, the same intimation to the learn for the same.

(viii) The petitioner shall n permission of the trial

(ix) The trial Court/Duty condition, as deemed petitioner. is made abundantly clear that i tions, the State shall be at liber etitioner by this order. view of the above, it is clarified the purpose of present proceedin he merits of the case and the tria bservations.

(A

speaking/reasoned

: reportable

: not directly or indirectly coer promise to any person acquaint ase so as to dissuade him/her fro o the Court or to any police offi dence in any manner. ot in any manner misuse his liber furnish his address and mob ourt forthwith and shall not chan clusion of the trial and in case ioner seeks to change any of t shall be done only with pr ned Trial Court, stating the reas ot leave the country without pr Court. Magistrate may impose any oth d appropriate while releasing t in case there is any breach of t rty to seek cancellation of bail d that the observations made her ngs and would not be construed al would proceed independently AMAN CHAUDHARY) JUDGE

rce, ted om cer rty. bile nge for rior son rior her as ein d as