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2021 Supreme(P&H) 1553
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurvinder Singh Gill, J.
Balwinder Singh @ Kukku & Ors. - Appellants
Versus
State Of Punjab - Respondent
CRM-M No. 757-2021 (O&M) & CRM-M-11277-2021 (O&M)
Decided On : 15-09-2021
Mr. Charanjit Singh Bakhshi, Advocate, for the petitioner in CRM-M-757-2021. Mr. Ankur Jain, Advocate, for the petitioner in CRM-M-11277-2021, for the Appellant; Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by SI Harpal Singh, for the Respondent
The court considered the pattern of the petitioner's involvement in criminal cases, doubts about the prosecution's case, and the substantial period of incarceration before granting bail.
Headnote:
Bail - Narcotic Drugs & Psychotropic Substances Act - 21, 25, 29, 61, 85 - The court granted regular bail to the petitioners Balwinder Singh @ Kukku and Charanjit Singh @ Chan in a case involving charges under Sections 307, 353, 186, 427 of the Indian Penal Code and Sections 21, 25, 29, 61, 85 of the Narcotic Drugs & Psychotropic Substances Act.
Fact of the Case:
The petitioners sought bail in a case involving charges of possession and supply of 'heroin' and causing injuries to police officials during a chase.
Finding of the Court:
The court found that the petitioners had been repeatedly involved in criminal cases, but also noted instances where the petitioner was found to be falsely implicated. The court also raised doubts about the injuries sustained by the police officials and the conduct of the police in the case.
Issues: The main issue was whether the petitioners should be granted bail considering the nature of the charges and their previous involvement in criminal cases.
Ratio Decidendi: The court considered the pattern of the petitioner's involvement in criminal cases, doubts about the prosecution's case, and the substantial period of incarceration before granting bail.
Final Decision: The court granted regular bail to the petitioners on the grounds of doubts about the prosecution's case and the substantial period of incarceration.
JUDGMENT
Gurvinder Singh Gill, J. (Oral). - This order shall dispose of the above mentioned two petitions filed on behalf of petitioners Balwinder Singh @ Kukku and Charanjit Singh @ Chan seeking grant of regular bail in respect of a case registered vide FIR No.97 dated 18.8.2020 at Police Station Special Task Force, SAS Nagar (Mohali) under Sections 307, 353, 186, 427 of Indian Penal Code and Sections 21, 25, 29, 61, 85 of Narcotic Drugs & Psychotropic Substances Act.
2. The FIR was lodged at the instance of ASI Kulwinder Singh, wherein it is alleged that on 18.8.2020 he alongwith ASI Surjeet Singh, ASI Kulbeer Singh, ASI Sahib Singh, ASI Dilbag Singh, ASI Gursewak Singh, HC Kulwant Singh and lady Head Constable Maninderjeet Kaur were proceeding for the purpose of paterolling. When they were present in the area of Bhikhiwind, a secret informer furnished information to the effect that a ‘heroin’ smuggler namly Balwinder Singh @ Kukku (petitioner in CRM-M- 757 of 2021) and his accomplice Charanjit Singh @ Chan (petitioner in CRM-M-11277 of 2021) were proceeding towards I.T.I. Patti in a white coloured Swift Dzire car bearing registration No.PB-46-AB-1979 to supply ‘heroin’ to their customers. Pursuant to receipt of said information barricading was held near I.T.I. Patti. When the aforesaid car bearing registration No.PB-46-AB-1979 was noticed, the same was signaled to stop. The DSP tried to pull out the person sitting on the front passenger seat by opening the door. In the meanwhile, the driver of the car accelerated the car on account of which DSP fell on the road being hit by the car and sustained injuries on his palms, right knee and shoulders. The said car rammed into the car of the complainant with an intention to kill them on account of which the complainant is also alleged to have sustained an injury on his right arm. The said persons thereafter sped away from the spot in their car but were chased for about 15 kilometers by the police party and were ultimately nabbed by the police. The driver of the said car disclosed his name as Balwinder Singh @ Kukku and the person sitting next to him disclosed his name as Charanjit Singh @ Chan. It is the case of prosecution that a polythene bag wrapped in a yellow coloured headgear cloth, was found undeneath the driver seat, which contained 300 grams of ‘heroin’.
3. Learned counsel for the petitioners have submitted that the petitioners have falsely been implicated in the present case on account of the fact that the police officials nursed a grudge against petitioner Balwinder Singh @ Kukku as it was on account of the said petitioner having filed a petition against their misconduct on earlier occasion that one FIR came to be lodged against them. It has been submitted that the manner in which the petitioner Balwinder Singh @ Kukku is being repeatedly involved in criminal cases, would itself show that the police is simply all out to involve him in one case or the other so as to ensure that he remains confined in jail.
4. Opposing the petition, learned State counsel has submitted that since it is a case where the petitioners were caught red handed by the police and a ‘commercial’ quantity of contraband was recovered from the petitioners, no case for grant of bail is made out. It has further been submitted that the fact that the petitioners are involved in several cases rather goes to show that they are habitual offenders and are smugglers and indulge in drug peddling repeatedly. Learned State counsel has further submitted the very fact that some of the police officials also sustained injuries, would also substantiate the allegations levelled in the FIR. Learned State counsel has informed that the petitioners as on date have been behind bars since the last about 1 year and 1 month and that while the petitioner Balwinder Singh @ Kukku stands involved in 4 other cases, the petitioner Charanjit Singh @ Chan stands involved in one other case.
5. I have considered rival submissions addressed befo
