Research › Search › Judgment

Punjab High Court · body

2014 DIGILAW 1060 (PNJ)

Shamsher Singh v. State of Punjab

2014-07-15

M.M.S.BEDI

body2014
JUDGMENT Mr. M.M.S. Bedi, J.: - This order will dispose of three petitions, filed by Shamsher Singh (Cr.Misc. M 14303 of 2014), Sandeep Singh (Cr.Misc. 14304 of 2014) and Jagroop Singh @ Rupa (Cr.Misc. M 22801 of 2014). 2. Briefly stated the case of the prosecution is that on 11.11.2013 when the police party was on patrolling duty at about 11.30 PM, a vehicle followed by a motor cycle was found coming from the side of village Chakkar. When the vehicle was signaled to stop, the driver of the said vehicle stopped the vehicle on the left side of the road. Three persons allegedly escaped from the vehicle towards the fields taking the benefit of darkness. The two motor cyclist i.e. Sandeep Singh and Shamsher Singh also escaped leaving behind two bags of poppy husk weighing 20 kgs. each. So far as petitioner Jagroop Singh is concerned, he is the owner of the vehicle bearing registration No. PB-29GT-4043, which was found carrying 23 bags of poppy husk, total weighing 460 kgs. Petitioner Jagroop Singh has been involved in the case on the basis of his ownership of the vehicle. The said petitioner claims that he had rented out his vehicle to Manpreet Singh at a monthly rent of Rs.25000/- w.e.f. 25.10.2013. Said Manpreet Singh was arrested from the spot. 3. I have considered the facts and circumstances of the case and gone through the police file. None of the petitioners is involved in any criminal case of similar nature. They were also not arrested from the spot along with the contraband. The identity of the petitioners being in actual physical possession of the contraband will be a serious debatable issue during the course of trial. The petitioners have already joined the investigation. 4. In view of the above, the petitioners can be granted the concession of bail. 5. Accordingly, all the three petitions are allowed and it is ordered that in case of arrest of the petitioners, they will be released on bail to the satisfaction of the arresting officer subject to the condition that the petitioners will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. The petitioners will not indulge in the similar activities, of which they are accused of, during pendency of the trial. They will not leave India without the prior permission of the court. The petitioners will not indulge in the similar activities, of which they are accused of, during pendency of the trial. They will not leave India without the prior permission of the court. 6. Nothing said in this order will effect the trial on merits. ---------0.B.S.0------------ ———————