Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 768

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KULDEEP TIWARI, J.
Harmandeep Singh Alias Harman – Petitioner
Versus
State of Punjab – Respondent
CRM-M-15699 of 2024
Decided On : 09-05-2024

Advocates Appeared:
Ms. Rishma Verma, Advocate; For the Petitioner
Mr. Akshay Kumar, AAG, Punjab.

Bail is the rule and jail is the exception; the court must consider the health of the accused and the acquittal of co-accused when deciding bail applications.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 22, 27, 61, and 85 - Bail application - Petitioner seeks bail after being declared a proclaimed offender and suffering from serious health issues - Co-accused acquitted on similar charges - Court emphasizes that bail is the rule and jail is the exception, considering the presumption of innocence and the right to a speedy trial. (Paras 9-14)

(B) Legal principles - The court discusses the principles of bail, emphasizing that the discretion to grant bail should be exercised judiciously, taking into account the facts and circumstances of each case. (Paras 11-12)

Facts of the case:
The petitioner was arrested for possession of a commercial quantity of an intoxicating substance and was declared a proclaimed offender due to absence from court. He has been in custody for over 9 months and suffers from hepatitis. (Paras 1-2, 14)

Findings of Court:
The court finds that the petitioner’s health condition and the acquittal of a co-accused warrant the granting of bail. (Paras 14-15)

Issues: The main issues addressed include the petitioner’s health condition, the acquittal of a co-accused, and the duration of incarceration.

Ratio Decidendi: The court ruled that the principles of bail favor release unless there are compelling reasons to deny it, especially considering the petitioner’s health and the acquittal of a co-accused. (Paras 9-12)

Result: Petition allowed; petitioner granted bail. (Paras 15-17)

JUDGMENT

Mr. Kuldeep Tiwari, J. (Oral)

Through the instant petition, the petitioner craves for indulgence of this Court for his being enlarged on regular bail, in case FIR No.116 dated 05.06.2014, under Sections 22/27/61/85 of the NDPS Act, registered at Police Station Sadar, Jalandhar.

Allegations Against The Petitioner

2. A perusal of the FIR reflects that the petitioner, and other two co-accused were arrested by the Police, who were carrying some intoxicating substance, which were later on discovered as diphenoxylate Hydrochloride. The recovery which was effected from the present petitioner was 55 grams of intoxicant powder, and, whereas, from the co-accused Sandeep 150 grams of intoxicant powder was recovered. Therefore, the total recovery which was effected from the three persons falls within the ambit of commercial quantity. Earlier in the instant matter, petitioner was granted bail, however, due to his absence before the learned trial Court concerned, he was declared as proclaimed offender on 13.10.2016. On 21.01.2024, the petitioner was finally arrested, and since then he is behind the bars, and is facing trial in the FIR in question.

Submissions Of Learned Counsel For The Petitioner

3. The learned counsel for the petitioner, in his asking for the hereinabove extracted relief, has made the following submissions:-

(i) The petitioner is suffering from hapatitis-B, and therefore, his condition is very bad, and is unable to do his day-to-day activities in the jail, without any help;

(ii) The co-accused Sandeep was acquitted by the learned trial Court concerned, vide judgment dated 06.03.2017, whereas the third co-accused Talwinder Singh @ Sonu has in fact died, during the pendency of the trial.

(iii) On the same set of allegations, once the co-accused has earned acquittal, therefore, there is no likelihood that the petitioner shall be convicted;

(iv) Petitioner has suffered incarceration of more than 09 months, as on today.

(v) The petitioner is not involved in any other case.

Submissions Of The Learned State Counsel

4. Status report by way of affidavit dated 08.05.2024, of Sh. Sukhninder Singh, Assistant Commissioner of Police, Sub Division V, Cantt Jalandhar, Commissionerate Jalandhar has been filed on behalf of respondent-State. The same is taken on record.

5. Medical status report by way of affidavit dated 08.05.2024, of Sh. Kulwant Singh, Superintendent of Central Jail, Kapurthala has been filed on behalf of respondent-State. The same is taken on record.

6. As per the medical status report, the petitioner is suffering from hapatitis. The relevant part of the report reads as under:-

"On dated 04/03/2024, he was referred to Civil Hospital Kapurthala. He got admitted to Civil Hospital Kapurthala from where he was further referred on dated 06/03/2024 to Government Medical College and Hospital Amritsar and he got admitted the same day. His chief complaint was yellowish discoloration of eyes, fever and bleeding from nose, for which he was treated. All his routine blood tests were done throughout his course of admission, which came out to be normal towards the end of his date of discharge from the GMC Amritsar. His ultrasound abdomen was performed which showed splenomegaly. His CECT abdomen was performed which showed hepatomegaly + hepatitis, abdominal lymphadenopathy, thickened ilio-caecal junction. He was prescribed oral medications for the same. On dated 25/03/2024, he was discharged from Government Medical College and Hospital Amritsar. He was prescribed oral anti-tubercular medicines and other oral medications with all blood tests within normal limits and vitals stable."

7. The learned State counsel has placed on record the custody certificate issued by the Superintendent of Central Jail, District Kapurthala. The same is taken on record. A perusal of the custody certificate reveals that petitioner is not involved in any other case. A perusal of the custody certificate further reveals that the petitioner has suffered incarceration