Inderjit Singh And Another vs State Of Punjab

Anoop Chitkara, J

FIR No.

Dated

Police Station

Section

157

22.10.2019

Badhni Kalan, District Moga

22 of NDPS Act

The petitioners incarcerated for violang the above -menoned provisions of Narcocs Drugs and Psychotropic Substances Act, 198 5 (NDPS Act) per the FIR caponed above, on the allegaons for possessing of 100 strips of CLOVIDOL 100 SR, has come up before this Court under Secon 439 CrPC seeking bail.

In paragraph 10 of the bail peon, the accused d eclare that they have no criminal antecedents. The declaraon remained un-re futed.

Petitioners' counsel prays for bail by imposing any stringent condions. The petitioners contend that the further pre-trial incarc eraon would cause an irreversible injusce to the petitioners and families.

While opposing the bail, the contenon on behalf of the State is that the quanty of contraband involved in the case falls in the commercial category.

On Oct 22, 2019, based on a secret informaon, th e police nabbed the petitioners and recovered 100 strips of CLOVIDOL 100 SR, total 1000 tablets, containing commercial quanty of Tramadol Hydrochloride.

REASONING:

As per the custody cerficate, the petitioners total custody come to around two years and eleven months. The petitioners indisputably have no criminal antecedents and have already complete pre-trial custody exceeding two years and six months. Thus, they are entled to bail based on Dheeraj Kumar Shu kla v. The State of Uar Pradesh [SLP (Crl) 6690-2022], decided on 25 Jan 2023.

The possibility of the accused influencing the invesgaon, tampering with evidence, inmidang witnesses, and the likelihood of fleeing jusce, can be taken care of by imposing elaborave and stringent condions. In Sushila Aggarwal, (2020) 5 SCC 1, Para 92, the Constuonal Bench held that unusually , subject to the evidence produced, the Courts can impose restricve condion s.

Without commenng on the case's merits, in the fact s and circumstances peculiar to this case, and for the reasons menoned above, t he petitioners make a case for bail, subject to the following terms and condions, which shall be over and above and irrespecve of the contents of the form of bail bon ds in chapter XXXIII of CrPC, 1973.

In Mahidul Sheikh v. State of Haryana, CRM-33030-2021 in CRA-S-363-2020, decided on 14-01-2022, Para 53, [Law Finder Doc Id # 1933969], this Court observed,

[53]. The pragmac approach is that while granng ba il with surees, the “Court” and the “Arresng Officer” shoul d give a choice to the accused to either furnish surety bonds or to handover a fixed deposit, or direct electronic money transfer where such facility is available, or creang a lien over his bank account. The accused should also have a further opon to switch between the modes. The opon lies with the accused to choose between the s urees and deposits and not with the Court or the arresng offic er.

Given above, provided the petitioners are not requ ired in any other case, the petitioners shall be released on bail in the FIR cap oned above, in the following terms:

(a). Petitioners to furnish personal bond of Rs. Ten thousand (INR 10,000/-); AND

(b) To give one surety of Rs. Twenty-five thousand (INR 25,000/-), to the sasfacon of the concerned court, and in case of non-availability, any nearest Illaqa Magistrate/duty Magistrate. Before accepng the surety, the concern ed court must sasfy that if the accused fails to appear in court, then such surety can produce the accused before the court.

OR

(b) Petitioners to hand over to the concerned court a fixed deposit for Rs. Ten Thousand only (INR 10,000/-), with the clause of automac renewal of the principal and the interest reverng to the linked account, made i n favor of the ‘Chief Judicial Magistrate’ of the concerned district. Said fixed deposit may be made from any of the banks where the stake of the State is more than 50% or any of the well-established and stable private sector banks. The fixed deposit need not necessarily be made from the petitioners’ account.

(c). Such court shall have a lien over the deposit unl the case's closure or discharged by substuon, or up to the expiry of the period me noned under S. 437-A CrPC, 1973, and at that stage, subject to the proceedings under S. 446 CrPC, the enre amount of fixed deposit, less taxes if any, shall be endorsed/returned to the depositor.

(d). It shall be the total discreon of the peone rs to choose between surety bond and fixed deposit. It shall also be open for the peone rs to apply to the Invesgator or the concerned court to substute the fixed deposit with surety bonds and vice-versa.

(e). On the reverse page of personal bond, the pe oners shall menon her/his permanent address along with the phone number, preferably that number which is linked with the AADHAR, and e-mail (if any). In case of any change in the above parculars, the petitioners shall immediately and not later than 30 days from such modificaon, inmate about the change to the concern ed police staon and the concerned court.

(f). The petitioners are to also execute a bond for a endance in the concerned court(s) as and when asked to do so. The presentaon of the personal bond shall be deemed acceptance of the declaraons made in the bail pe on and all other spulaons, terms, and condions of secon 438(2) of the Code o f Criminal Procedure, 1973, and also of this bail order.

The petitioners shall not influence, browbeat, pres surize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the police officials, or any other person acquainted with the facts and the circumstances of the case, to dissuade them from disclosing such facts to the police, or the court, or to tamper with the evidence.

Within fieen days of release from prison, the pe oners shall procure a smartphone and inform its IMEI number and other details to the SHO/I.O. of the Police staon menoned above. The petitioners shall always k eep the phone locaon/GPS on the “ON” mode. Whenever the Invesgang officer asks to share the locaon, the petitioners shall immediately do so. The petitioners sh all neither clear the locaon history, WhatsApp chats, call logs nor format the phone without permission of the concerned SHO/I.O. This condion shall connue ll the compleon of the trial or closure of case, whichever is earlier. If the petitioners fail to comply with this condion, then on this ground alone, in that case, the bail might be cancelled, and the complainant may file any such applicaon for the can cellaon of bail, and State shall file the said applicaon .

Given the nature of the allegaons and the other circumstances peculiar to this case, the petitioners shall surrender all weapons, fir earms, ammunion, if any, along with the arms license to the concerned authority within fieen days from release from prison and inform the Invesgator about the complia nce. However, subject to the Indian Arms Act, 1959, the petitioners shall be entl ed to renew and take it back in case of acquial in this case, provided otherwise permis sible in the concerned rules.

During the trial's pendency, if the petitioners re peat or commit any offence where the sentence prescribed is more than seven years or violates any condion as spulated in this order, it shall always be permissible to the respondent to apply for cancellaon of this bail. It shall further be open for any invesg ang agency to bring it to the noce of the court seized of the subsequent applicaon that the accused was earlier cauoned not to indulge in criminal acvies. Otherwise, the bail bonds shall remain in force throughout the trial and aer that in Secon 437-A of the Cr.P.C., if not canceled due to non-appearance or breach of condions.

The condions menoned above imposed by this cou rt are to endeavour that the accused does not repeat the offence and to ensure the safety of the society. In Mohammed Zubair v. State of NCT of Delhi, Writ Pe on (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon’ble Supreme Court holds that “The bail condions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proporonal to the purpose of imposing them. The courts while imposing bail condions must balance the liberty of the accused and the necessity of a fair trial. While doing so, condions that would result in the deprivaon of rights and liberes mus t be eschewed.”

Any Advocate for the petitioners and the Officer in whose presence the petitioners put signatures on personal bonds shall ex plain all condions of this bail order in any language that the petitioners understand .

If the petitioners find bond amount beyond social and financial reach, it may be brought to the noce of this Court for appropriate reducon. Further, if the petitioners find bail condion(s) as violang fundamental, human , or other rights, or causing difficulty due to any situaon, then for modificaon o f such term(s), the petitioners may file a reasoned applicaon before this Court, and a er taking cognizance, even to the Court taking cognizance or the trial Court, as the case may be, and such Court shall also be competent to modify or delete any condion.

Any observaon made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments.

In return for the protecon from incarceraon, the Court believes that the accused shall also reciprocate through desirable behavior.

There would be no need for a cerfied copy of this o rder for furnishing bonds, and any Advocate for the Petitioners can download this or der along with case status from the official web page of this Court and aest it to b e a true copy. In case the aesng officer wants to verify the authencity, such an office r can also verify its authencity and may download and use the downloaded copy for a esng bonds.

Petitiion allowed in aforesaid terms . All pending applicaons, if any, stand disposed.