Monday 13 September 2021

Stenography: Exercise No.7

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)


Stenography Exercise No.1 CLICK HERE.
Stenography Exercise No.2 CLICK HERE.
Stenography Exercise No.3 CLICK HERE.
Stenography Exercise No.4 CLICK HERE.
Stenography Exercise No.5 CLICK HERE.
Stenography Exercise No.6 CLICK HERE.
Stenography Exercise No.7 CLICK HERE.






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Stenography: Exercise-12

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