Ravinder Singh @ Ruby vs State Of Punjab

This is the 2^nd petition seeking regular bail under Section 483 of the BNSS, 2023 (U/s 439 Cr.P.C.) in FIR No. 17 dated 10.01.2024 Under Section 22 of NDPS Act 1985 and 42 of Prisons Act 1894, (Section 29 of NDPS Act & section 52A of Prisons Act added later on) registered at Police Station City Hoshiarpur, District Hoshiarpur.

The case of the prosecution is that on 10.01.2024 at about 3:00 PM, Narinder Singh, Deputy Superintendent Central Jail, Hoshiarpur was patrolling outside the jail. During patrolling from the outer side of Tower no.2, he found one packet sealed with Cellotape. Upon opening the said packet, 600 intoxicant tablets were recovered. During investigation of FIR no.24 dated 14.1.2024 under Section 22 of NDPS Act, co-accused Inderjit Singh suffered a disclosure statement that the said packet was thrown by his friends Ravinder Singh (petitioner), Kulwinder Singh and Sahil Bains.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. Apart from the disclosure statement, there is no other evidence to connect the petitioner with the recovery of contraband. He further submits that the petitioner is in custody for the last 02 years, 07 months and 11 days. He, thus, prays for grant of bail to the petitioner.

Notice of motion.

Mr. Subhash Godara, Addl. 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, 07 months and 11 days.

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 apart from the disclosure statement, there is no other evidence to connect the petitioner with the recovery of contraband, the petitioner is in custody for the last 02 years, 07 months and 11 days; the 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.