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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Harman Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
The Prayer in this petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.10 dated 17.01.2023 under Sections 22(a), 22(c) of NDPS Act registered at Police Station Sadar,Faridkot.
2. The brief facts of the case are that Arshdeep Singh was apprehended with 349 loose tablets subsequently found to contain the salt Etizolam. During the course of interrogation, he disclosed that he had purchased the said tablets from Harman Singh Dhillon (petitioner).
3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He contends that the name of the petitioner figured in the disclosure statement of his co-accused. Pursuant to his arrest, no recovery of any contraband have been effected. Reliance is placed on the judgments in the cases of Tofan Singh Versus State of Tamil Nadu, 2020 AIR (Supreme Court) 5592, Rakesh Kumar Singla Versus Union of India, 2021(1) RCR (Criminal) 704, Surinder Kumar Khanna Versus Intelligence Officer Directorate of Revenue Intelligence, 2018(3) RCR (Criminal) 954, State by (NCB) Bengaluru Versus Pallulabid Ahmad Arimutta & Ann 2022(1) RCR (Criminal) 762, S
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.
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....
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