Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Surjit Singh @ Radd – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Pankaj Jain, J.
CRM-2541-2024
This is an application for placing on record Annexure P-5 to Annexure P-38.
In view of the contents of the application, the same is allowed.
Annexure P-5 to Annexure P-38 are taken on record.
Main Case
1. Prayer in the petition is for regular bail in FIR No. 131 dated 17.09.2021 registered for offences under Section 21(c) of the NDPS Act, at Police Station Sadar Patti, District Tam Taran.
2. On 25.04.2024, the following order was passed.
"Counsel for the petitioner has invited attention to this Court to arrest memo qua the petitioner in FIR No. 130 dated 16.09.2021, registered for offences punishable under Sections 379-B, 303 and 34 of the IPC, Police Station Sadar Patti, District Tarn Taran which shows that the petitioner was arrested in the said FIR On 17.09.2021. He further takes to the Court to the contents of the FIR No.131 dated 17.09.2021 which shows that the petitioner was arrested on 17.09.2021 in FIR No.131 after having found to be in conscious possession of narcotics. He submits that neither of the documents shows that the petitioner is under prior arrest. Police State is same i.e. Sadar Patti. Thus, the only inference that can be drawn is
The authenticity of documents and compliance with legal provisions, along with the substantial custody of the accused and the likelihood of a prolonged trial, are crucial factors in granting bail.
The main legal point established is that serious lapses in the case, including the recovery process and prolonged detention without trial commencement, can influence the court's decision to grant bai....
The court considered the petitioner's long custody, delay in trial, and non-examination of prosecution witnesses as grounds for granting regular bail.
The court emphasized the right of the accused under Article 20(3) of the Constitution, the compliance with Section 42 of the NDPS Act, and the absence of recovery from the petitioner in multiple FIRs....
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....
The main legal point established in the judgment is the consideration of the period of custody, arguable points in the bail application, and previous judgments where bail was granted in cases involvi....
The judgment emphasizes the significance of compliance with legal procedures, potential evidence fabrication, and the impact of prolonged custody on bail decisions.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
