IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANUPINDER SINGH GREWAL, KIRTI SINGH, JJ.
Joginder Singh @ Sammi – Appellant
Versus
State of Punjab - Respondent
CRM No. 23124 of 2024 IN CRM-22406-2023 IN CRA-S-1111-2023
Decided On : 31-05-2024
BAIL - INTERIM BAIL - The court granted interim bail to the applicant convicted under the NDPS Act, considering the applicant's impending marriage and the interest of justice, despite his involvement in multiple cases. The decision reflects the court's discretion in balancing the rights of the individual against the seriousness of the offenses committed.
Fact of the Case:
The applicant was convicted and sentenced to 10 years of rigorous imprisonment for possession of 500 grams of heroin under Section 21 of the NDPS Act. He has served 4 years and is set to marry on 12.06.2024.
Finding of the Court:
The court acknowledged the applicant's upcoming marriage and the verification of the marriage invitation, determining that granting interim bail for this occasion would serve the interest of justice.
Issues: Whether the applicant should be granted interim bail despite his conviction and involvement in multiple cases.
Ratio Decidendi: The court emphasized the importance of individual circumstances, such as the applicant's age and personal commitments, in deciding on bail applications, even in the context of serious offenses.
Result: The application for interim bail was allowed for 4 days, starting from 11.06.2024, with conditions for the applicant to surrender post-marriage.
JUDGMENT :
1. This application has been filed seeking interim bail to the applicant/appellant.
2. Learned counsel for the applicant/appellant submits that the applicant has been convicted and sentenced to undergo rigorous imprisonment for 10 years for the commission of an offence punishable under Section 21 of the NDPS Act in FIR No.23 dated 26.10.2017. It was alleged that he was found in possession of 500 grams of heroin. He has undergone an actual sentence of 04 years and is involved in other cases. The applicant is about 24 years of age and wants to solemnize his marriage which is fixed for 12.06.2024.
3. Learned State counsel has filed the affidavit of Deputy Superintendent of Police, Special Task Force, Border Range, District Amritsar. He while referring to the affidavit submits that it has been verified that the marriage of the applicant is indeed to take place on 12.06.2024. Copies of invite are at Annexures D and E. He, however, submits that applicant is involved in 26 other cases under various provisions as stated in Para 11 of the affidavit.
4. Heard. The applicant has been convicted in the aforenoted case and he is stated to have undergone an actual sentence of 04 years. His marriage is to take place on 12.06.2024 and it would be in the interest of justice, if the applicant is granted interim bail to enable him to perform his marriage.
5. Consequently, the application is allowed and the applicant is granted interim bail for a period of 04 days commencing on 11.06.2024 subject to his furnishing requisite bonds to the satisfaction of the concerned Chief Judicial Magistrate/Duty Magistrate. The applicant shall positively surrender before the concerned jail on 14.06.2024 by 5 PM. He shall be taken in police custody and the police personnel shall be in civil dress.
The court can exercise discretion in granting interim bail based on personal circumstances and the interest of justice, even for individuals with serious criminal convictions.
The court established that personal circumstances, such as impending marriage, can be a valid consideration for granting interim bail, even for serious offenses under the NDPS Act.
The court balanced the right to attend a family event with the concern of potential absconding, ultimately allowing attendance at the wedding for one day in police custody.
The court has the discretion to grant interim bail based on the specific circumstances of the case, including the fact of the marriage in the close family.
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