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Judgment
H.S. GREWAL, J. (ORAL)
This is the second petition for seeking regular bail under Section 483 of the BNSS, 2023 (U/s 439 Cr.P.C.) in FIR No. 148 dated 20.08.2024 under Section 21(C) of NDPS Act, 1985, registered at Police Station Sadar Ferozepur, District Ferozepur.
The case of the prosecution is that on 20.8.2024, while the police party was on patrolling duty and were going towards Gatti Rajo Ke Road from Husainiwala Samadhan, then from the front side two clean shaven young men were seen coming on motorcycle, who on seeing the police party got perplexed and turned the motorcycle but they were apprehended. Lateron, 500 grams heroin was recovered from them, without any valid permit or license.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He further submits that the petitioner is in custody for the last 02 years and 12 days and is not involved in any other case. He, thus, prays for grant of bail to the petitioner.
Notice of motion.
Mr. Sandeep Kumar, D.A.G., Punjab accepts notice on behalf of the State and has vehemently opposed the prayer for grant of regular bail to the petitioner on the ground of gravity of allegations. He has filed the custody certificate in the Court today and the same is taken on record. He submits that the petitioner is in custody for the last 02 years and 12 days and out of total cited 13 prosecution witnesses, only 01 witness has been partly examined.
I have heard the learned counsel for the parties and perused the record.
After hearing the rival contentions of the learned counsel for the parties and keeping in view the facts and circumstances of the case that the prosecution witnesses who are all official witnesses are not appearing to depose against the petitioner, petitioner is in custody for the last 02 years and 12 days and is not involved in any other case; out of total cited 13 prosecution witnesses, only 01 witness has been partly examined; the conclusion of trial is likely to take time and continuous detention of the petitioner would not serve the ends of justice, this Court deems it fit to grant the concession of regular bail to the petitioner during the pendency of the trial. Moreover, ‘bail is the rule and jail is the exception’.
Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.
Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case.
It is clarified that while on bail so granted through the instant order, if the petitioner is found indulging in any other criminal case, it shall be open to the State to seek cancellation of his bail.
Pending miscellaneous application(s), if any, shall also stand disposed of.