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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Sudesh Kumar @ Shesha – Appellant
Versus
State Of Punjab – Respondent
ORDER :
1. Leave granted.
2. This appeal challenges the judgment and order dated 06.09.2024 passed by the High Court of Punjab & Haryana at Chandigarh in CRM-M No. 43109 of 2024.
3. The appellant has been facing trial in connection with a crime registered pursuant to FIR No. 16 of 2020 dated 01.02.2020 lodged with Police Station Tanda, Hoshiarpur (Punjab), in respect of offences punishable under Sections 15 and 22 of Narcotics Drugs and Psychotropic Substances Act, 1985.
4. An application seeking regular bail having been rejected by the High Court vide impugned order dated 06.09.2024, the appellant has preferred the instant appeal.
5. This Court vide its order dated 02.12.2024, issued notice in the instant matter.
6. Heard learned counsel for the appellant in support of the appeal and learned counsel for the respondent-State and perused the material on record.
7. Learned counsel for the appellant submitted that the co-accused has been granted bail, but the appellant herein has been in jail for around twenty months and in the circumstances, the impugned order may be set aside and the appeal may be allowed.
8. Per contra, learned counsel for the respondent-State, with reference to his counte
The court granted bail to the appellant, emphasizing the need for fair treatment in light of prolonged detention and the release of a co-accused, while imposing conditions to ensure trial cooperation....
Bail granted due to lack of criminal antecedents and prolonged incarceration.
The court granted bail under Section 409 IPC, emphasizing the need for a fair assessment of the appellant's circumstances and ensuring conditions to prevent misuse of liberty.
Grant of bail – An undeserving bail granted to a habitual drug offender can be cancelled.
The non-surrender of a co-accused who has been released on bail cannot be a valid ground to reject another accused's bail application under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic....
The court allowed bail while imposing conditions, emphasizing that further detention was unnecessary under the circumstances.
Points of Law : Trial Court shall release the appellant on bail subject to such conditions as the Trial Court may deem appropriate to ensure presence and participation of the appellant in the pending....
Lengthy custody without prior criminal records can justify bail despite rigorous statutory conditions.
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