LAWS(P&H)-2022-9-72

HARPREET SINGH Vs. STATE OF PUNJAB

Decided On September 26, 2022
HARPREET SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This order shall dispose of both these 2nd petitions for grant of regular bail to petitioners Harpreet Singh and Gurlal Singh, in FIR No.82 dtd. 8/5/2019 under Sec. 3, 4, 5 and 9 of Official Secrets Act, Sec. 120-B IPC and Ss. 21, 27-A, 29 of NDPS Act, registered at Police Station Gharinda, Amritsar Rural, District Amritsar; earlier petitions were dismissed on merits vide order dtd. 29/3/2022.

(2.) In the circumstances, we deem it appropriate to grant bail to the petitioner on stringent conditions to be imposed by trial Court, including but not limited to the conditions with regard to sureties, bail bonds etc. Apart from reporting to the investigating authority on a regular basis, the petitioner shall not leave the jurisdiction of the trial Court without leave of the Court." Learned counsel has further submitted that petitioner Harpreet Singh is in custody for the last 01 year, 10 months and 22 days, whereas petitioner Gurlal Singh is in custody for the last 01 year, 03 months and 13 days and has relied upon another order of the Hon'ble Supreme Court dtd. 4/8/2022 passed in SLP (Crl.) No.4173/2022 (Shariful Islam @ Sarif Vs. The State of West Bengal), wherein, in similar circumstances, considering the fact that an accused is in custody for the last 01 year and 06 months and there was no likelihood of completion of the trial in near future, regular bail was granted.

(3.) Learned counsel has also argued that in the absence of any recovery from the petitioners, rigor of Sec. 37 of NDPS Act does not apply in the present case and considering long custody of the petitioners, they may be granted the concession of regular bail. It is further argued that against petitioner Gurlal Singh, allegation is that he received an amount of Rs.8.00 lacs in the account of his wife from co-accused, who is already on bail, however, the said amount was allegedly received on 23/3/2019, whereas the incident pertains to 21/5/2019, therefore, the same is not relating to the alleged drug business. It is next submitted that in view of the judgment in Shariful Islam @ Sarif's case (supra), the petitioners can be granted bail on imposing stringent conditions.