SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(P&H) 1060

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harnaresh Singh Gill, J.
Abhishek P.V. - Appellant
Versus
Union Territory Of Chandigarh - Respondent
CRM-M No. 22769 of 2021
Decided On : 05-07-2021

Advocates Appeared:
Nitin Jain, Advocate, A.M. Punchhi, Advocate, Anupam Bansal, Advocate

The main legal point established in the judgment is the consideration of the completion of investigation, recovery of evidence, and the likelihood of a lengthy trial in granting bail to the petitioner.

Headnote:

Bail - Criminal Law - The court granted bail to the petitioner who was accused of offenses under Sections 420 and 120-B IPC, Section 7 of the Essential Commodities Act, 1955, and Section 27 of the Drugs and Cosmetics Act, 1940. The petitioner contended that he was falsely implicated and that no useful purpose would be served by keeping him behind bars, while the prosecution argued that the petitioner was involved in the crime with prior planning. The court granted bail considering the completion of investigation, recovery of evidence, and the likelihood of a lengthy trial.

Fact of the Case:

The petitioner sought regular bail in a case involving offenses under Sections 420 and 120-B IPC, Section 7 of the Essential Commodities Act, 1955, and Section 27 of the Drugs and Cosmetics Act, 1940.

Finding of the Court:

The court granted bail to the petitioner, noting that the investigation was complete, recovery had been made, and the trial would take time to conclude, thus no useful purpose would be served by keeping the petitioner behind bars.

Issues: The issues involved the petitioner's alleged involvement in the offenses and the necessity of keeping him in custody.

Ratio Decidendi: The court decided to grant bail based on the completion of investigation, recovery of evidence, and the likelihood of a lengthy trial.

Final Decision: The court allowed the petition and ordered the petitioner to be released on bail upon furnishing bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate.

JUDGMENT

Harnaresh Singh Gill, J. - Case is taken up for hearing through video conferencing.

2. Through this petition, the petitioner seeks regular bail in case bearing FIR No.56 dated 18.04.2021, registered at Police Station Central Sector 17, Chandigarh, under Sections 420 and 120-B IPC, Section 7 of the Essential Commodities Act, 1955 and Section 27 of the Drugs and Cosmetics Act, 1940.

3. Learned counsel for the petitioner contends that besides pursuing BBA-LLB-5 year course, the petitioner is a partner in Macew Merchantile LLP, which is a partnership firm comprising the petitioner and one Sahith Thalayillath. His aforesaid firm is into the business of supplying surgical examination and latex gloves and is also an authorized seller for the supply of the gloves being manufactured by Hi-care Gloves Private Limited under the brand name of Medicyl. The petitioner has falsely been implicated in the present case by implanting one vial of Remdesivir. Learned counsel further submits that no offence under Section 7 of the Essential Commodities Act is made out. Moreover, the police was not authorized to launch prosecution under Section 27 of the Drugs and Cosmetics Act, 1940. Lastly, it is submitted that the investigation is complete; that nothing is to be recovered from him; that he has been in custody since 22.04.2021, and that no useful purpose would be served by keeping him behind the bars.

4. Learned P.P. for U.T. Chandigarh, while opposing the submissions made by the learned counsel for the petitioner submits that the petitioner alongwith co-accused was holding a meeting in connection with the sale of Remdesivir injections without having any licence or permit and that when the premises of Taj Hotel were raided, the petitioner was apprehended with one vial of Remdesivir. Moreover, the alleged sudden meeting of the petitioner with the other co-accused in Taj Hotel, could not be without any prior meeting of minds. As a matter of fact, the entire conduct of the proceedings clearly points out that the petitioner alongwith other co-accused had been involved in the crime by preparing the mode and modus well in advance with the ulterior goal in mind. However, challan was presented on 15.06.2021.

5. I have heard the learned counsel for the parties.

6. Challan stands presented against the petitioner. Recovery has already been effected. The petitioner has been in custody since 22.04.2021. Trial of the case would take time to conclude. Therefore, no useful purpose would be served by keeping the petitioner behind the bars.

7. In view of the above, without commenting anything on the merits, lest it should prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate.

8. Nothing expressed above shall be construed as an expression of opinion on the merits of the case.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top