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RAJESH BHARDWAJ
Jagsir Singh @ Seera @ Tari – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Rajesh Bhardwaj, J. (Oral)
Present petition has been filed by the petitioner under Section 439 read with Section 482 Cr.P.C. praying for grant of regular bail in case FIR No.02 dated 06.01.2023, under Sections 21, 22, 29 of NDPS Act, 1985 registered at Police Station Tapa, Mandi, District Barnala.
2. Adumbrated facts of the case are that the Police received a secret information that Parwinder Singh @ Pappi is involved in selling the intoxicant tablets and intoxicant powder. Finding the information credible, ruqa was sent and FIR was registered against him. On the registration of the FIR, Naka was laid and Parwinder Singh was arrested by the investigating agency along with the contraband i.e. 200 loose intoxicant tablets. On his arrest, investigation was commenced and the samples were taken and the same were sent to the FSL. During the investigation, the name of the petitioner surfaced on the basis of the disclosure statement then he was arrested. He approached the Learned Special Judge, Barnala praying for grant of bail, however, the same was declined by the Ld. Special Court vide order dated 07.05.2024. Aggrieved by the same, the petitioner approached has this Court praying
Disclosure statements of co-accused are inadmissible against another accused unless corroborated by additional evidence.
Bail may be granted if the accused is named in a co-accused's disclosure statement without corroborative evidence, especially after substantial custody time, aligning with the right to a speedy trial....
Bail can be granted when an accused is named in a co-accused's disclosure statement without recovery, especially if they are a first-time offender and the trial is delayed.
Bail can be granted when an accused is named in a co-accused's disclosure statement but no recovery is made, especially if the trial is likely to be prolonged.
The central legal point established in the judgment is the need to consider the role of the accused and the circumstances of the case while deciding a bail application, and the requirement to protect....
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