'Repetitive Pleas, Eluding Process Of Law Doesn't Call For Court's Sympathy': Punjab & Haryana HC Declines Pre-Arrest Bail In Drugs Case

The Punjab & Haryana High Court has refused to grant anticipatory bail to a man accused in a drugs case seeking relief on the ground that the co-accused has been granted regular bail, observing that the petitioner wilfully evaded his arrest for more than 2 years.

Justice Sumeet Goel said, "While liberty and dignity of an individual must be held high, however, no one can be permitted to subvert and cause devolution in the process of justice. Protracted absence, eluding the process of law and abrupt repetition of pleas for pre-arrest bail, in absence of convincing reason(s) is certainly not an act/behaviour which calls for sympathy/indulgence of the Court."

 The Court noted that the co-accused of the petitioner had voluntarily subjected himself to the legal process and suffered incarceration for a period exceeding 2 years. In contrast, the petitioner has willfully evaded his arrest and failed to submit to the process of law for more than 2 years.

"Such conduct demonstrates a clear disregard for the judicial process and constitutes a compelling ground to deny the grant of anticipatory bail to the petitioner. The prolonged evasion of the petitioner weighs heavily against the exercise of discretion in his favour under the provisions governing anticipatory bail," the judge added.

These observations were made while hearing the second anticipatory bail plea of one Gurpreet Singh in a drugs case under Sections 18(c) & 29 of the NDPS Act.

The first anticipatory bail plea was  preferred by in September 2022 and the same was dismissed by the High Court. It was then argued that he has been falsely implicated into the FIR in question on the basis of disclosure statement of the co-accused and the seriousness of allegations, was considered at that time and thereafter the said petition was dismissed.

Thereafter, in the present second petition, the petitioner reiterated the grounds previously taken except for the ground that the co-accused namely has been granted the concession of regular bail by the Court.

After examining the submissions, the Court said that, "It is evident that the petitioner has evaded the process of law for over 21⁄2 years. The conduct of the petitioner in avoiding arrest for such a prolonged period without any reasonable cause must be considered while adjudicating this second petition. Process of justice is meant to treat every individual in a manner which is equitable and fair."

Justice Goel observed if the petitioner-accused chooses to employ irregular and convoluted tactics, including undue delay, strategically aimed at frustrating the lawful proceeding, it tantamounts to an abuse of the process of justice.   

Stating that no fresh substantial change in circumstances has been brought forward which would indicate that the petitioner is entitled to maintain his second petition for grant of anticipatory bail, the Court rejected the plea.

Gurpreet Singh v. State of Punjab

Mr. Gurbir Singh Sidhu, Advocate for the petitioner.

Citation: 2024 LiveLaw (PH) 25

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