Legal Dictation
In reply to arguments, raised on behalf of petitioner Dashrath Singh, learned State counsel submits
that though he has been
declared a juvenile in conflict with
law, however, releasing him may expose him again to activities of involvement in drug business.
Order After hearing learned
counsel for the parties and going through the material on record, it is apparent that all the
accused, including two juveniles, are in judicial custody for the last more than one year; they are not facing any
other trial under the NDPS Act;
there are 48 prosecution witnesses, however, till date, only the charges have (100) been framed; all the accused have
been nominated on the disclosure of
two main accused and one of the accused, namely Rahul @ Gurlal Singh, has
already been granted concession of regular bail, vide order dated 18.02.2021,
therefore, considering the submissions made by all the learned counsel for the petitioners and also in view of the judgment rendered
by Hon'ble Supreme Court
in Tofan Singh vs. State of Tamil Nadu, 7 of 9 In virtual
Court 2013 (9) SCR 962, it is yet to be established that if the disclosure
of a co-accused is admissible against another accused or not, (200) I find that the petitioners,
including both the juveniles, are entitled to get the concession of regular
bail as it would not be in
the interest of justice to
keep them behind bars as they have undergone considerable custody, the
petitions, bearing CRM-M Nos. 41104 of 2020, are allowed and petitioners Satish
Kumar, Vinod Kumar, Lakhwinder Singh @ Lucky and Resham Singh are granted
concession of regular bail, subject to their furnishing bail/surety bonds to
the satisfaction of the trial Court/Duty Magistrate concerned." For the
sake of brevity, facts are not reproduced again.
Learned counsel (300) for the petitioner submits that on receiving the secret
information, two persons namely Sarvjit Singh @ Sabli and Vipin were arrested
at the spot, on whose disclosure statement, name of the petitioner surfaced in
the FIR. It is further submitted that the petitioner is in custody for the last
03 years, 03 months and 22 days and is not involved in any other case and till
date, no prosecution witness has been examined.
Learned State counsel has filed the custody certificate dated 05.09.2021 in the Court
today and has not disputed the factual position. It is also not disputed that (400) after arrest of the petitioner, no narcotic substance was
recovered from him.
After hearing learned counsel for the parties, without commenting anything
on merits of the case and considering the facts and circumstances of 8 of
9 In virtual Court the
case, this petition is allowed and the petitioner is directed to be released on
regular bail subject to furnishing his bail/surety bonds to the satisfaction of
the trial Court/Illaqa Magistrate/Duty
Magistrate, concerned.
Counsel for the petitioners has submitted that no other criminal case is pending between the parties and none of the petitioner has been
declared as proclaimed offender. (500)
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