High CourtsSingle Bench

Paramjeet Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 18 January 2022 · Citation: (2022) 01 P&H CK 0039

HON’BLE JUDGES
Anoop Chitkara, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 2(viia), 2(xxiiia), 37 · Code Of Criminal Procedure, 1973 — Section 437A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 50243 Of 2022
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56 paragraphs · 1,031 words

Sr.

No.",FIR No.,Date,Offences,Police Station

1,232,15.08.2004,13-A/3/67 of Public Gambling Act,Sadar Jalalabad

2,197,13.12.2020,"21 of NDPS Act, 1985",Sadar Jalalabad

3,25,01.03.2016,"21 of NDPS Act, 1985",Sadar Jalalabad

4,37,27.04.2019,"22 of NDPS Act, 1985",Sadar Jalalabad

5,35,31.03.2021,"379, 411 IPC & 25, 54 & 59 of Arms Act",Sadar Jalalabad

be taken care of by imposing elaborative and stringent conditions. In Sushila Aggarwal, (2020) 5 SCC 1, Para 92, the Constitutional Bench held that",,,,

unusually, subject to the evidence produced, the Courts can impose restrictive conditions.",,,,

13.

Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and on the medical grounds mentioned above, the",,,,

petitioner makes a case for bail, subject to the following terms and conditions, which shall be over and above and irrespective of the contents of the",,,,

form of bail bonds in chapter XXXIII of CrPC, 1973.",,,,

14.

Provided the accused is not required in any other case, the petitioner shall be released on bail in the FIR mentioned above, subject to furnishing a",,,,

personal bond of Rs. Ten thousand (INR 10,000/-), and shall furnish one surety of Rs. Twenty-five thousand (INR 25,000/-), to the satisfaction of the",,,,

concerned Court/ Judicial Magistrate having the jurisdiction over the Police Station conducting the investigation, and in case of non-availability, any",,,,

nearest Ilaqa Magistrate/duty Magistrate. Before accepting the sureties, the concerned Court must satisfy that in case the petitioners-accused fail to",,,,

appear in Court, then such sureties are capable to produce the petitioners-accused before the Court, keeping in mind the Jurisprudence behind the",,,,

sureties, which is to secure the presence of the accused.",,,,

15.

The furnishing of the personal bonds shall be deemed acceptance of the following and all other stipulations, terms, and conditions of this bail order.",,,,

16.

On the reverse page of personal bonds, the attesting officer shall mention the permanent address of the petitioner along with the phone number",,,,

linked with the AADHAR card, the other phone numbers (if any), and e-mail (if any). In case of any change in the above particulars, the petitioner",,,,

shall immediately and not later than 30 days from such modification, intimate about the change to the concerned Police Station and the concerned",,,,

Court.,,,,

17.

The petitioner to also execute a bond for attendance in the concerned Court(s), as and when asked to do so. The presentation of the personal bond",,,,

shall be deemed acceptance of the following and all other stipulations, terms, and conditions of this bail order.",,,,

18.

The petitioner shall not influence, browbeat, pressurize, 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.",,,,

19.

Within ten days of release from prison, the petitioner shall procure a smartphone and inform its IMEI number and other details to the SHO/I.O. of",,,,

the Police station mentioned before. The petitioner shall always keep the phone location/GPS on the “ON†mode. Whenever the Investigating,,,,

officer asks to share the location, the petitioner shall immediately do so. The petitioner shall neither clear the location history, WhatsApp chats, calls",,,,

nor format the phone without permission of the concerned SHO/I.O.,,,,

20.

Given the nature of allegations and the other circumstances peculiar to this case, the petitioner shall surrender all weapons, firearms, ammunition, if",,,,

any, along with the arms license to the concerned authority within 10 days from today and inform the Investigator about the compliance. However,",,,,

subject to the Indian Arms Act, 1959, the petitioner shall be entitled to renew and take it back in case of acquittal in this case.",,,,

21.

Within 10 days from today, the petitioner shall mention details of all assets, held either individually or jointly, including bank balances, fixed deposits,",,,,

DEMAT Accounts, to the Investigator.",,,,

22.

Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of,,,,

this bail order in any language that the petitioner understands.,,,,

23.

In case the petitioner finds the bail condition(s) as violating fundamental, human, or other rights, or causing difficulty due to any situation, then for",,,,

modification of such term(s), the petitioner may file a reasoned application before this Court, and after 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 condition.",,,,

24.

This order does not, in any manner, limit or restrict the rights of the Police or the investigating agency from further investigation as per law.",,,,

25.

In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns another section of any penal offence in this FIR, and if the",,,,

new section prescribes maximum sentence which is not greater than the sections mentioned above, then this bail order shall be deemed to have also",,,,

been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence",,,,

prescribed in the sections mentioned above, then in that case, the Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven",,,,

days, providing an opportunity to avail the remedies available in law.",,,,

26.

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

27.

In return for the protection from incarceration, the Court believes that the accused shall also reciprocate through desirable behavior.",,,,

28.

This bail is subject to the petitioner joining investigation and fully cooperating with the investigating agencies. Failure to do so shall ipso facto result,,,,

in its withdrawal.,,,,

29.

There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the Petitioner can download this order along",,,,

with case status from the official web page of this Court and attest it to be a true copy. In case the attesting officer wants to verify the authenticity,",,,,

such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.,,,,

Petition allowed in aforesaid terms. All pending applications, if any, stand disposed of.",,,,