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High Court of Punjab and Haryana · body

2023 DAILYLAW 3798 (PNJ)

SHAMSHER SINGH ALIAS SHERA ALIAS KALA v. STATE OF PUNJAB

CRM-M/44138/2025 · 2026-03-12

Aman Chaudhary

body2023

Judgment text

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BNSS, 2023 is for grant of regular bail to the petitioner in case FIR No.18 dated 09.03.2025, registered at Police St Amritsar, under Sections 29 NDPS Act, Sections 111(2) (b) (4) of BNS, 2023 2. custody for about 1 year. based on the disclosure statement of co whom alleged recovery of contraband effected is marginally above the non-commercial quantity, it recovery effected from the petitioner and no evidence has also emerged to connect him to the case, but for the aforesaid disclosure statement, which Prayer in the present petition filed under Section 483 of BNSS, 2023 is for grant of regular bail to the petitioner in case FIR No.18 dated 09.03.2025, registered at Police St Amritsar, under Sections 21-C/61/85 NDPS Act, added later on Section 29 NDPS Act, Sections 111(2) (b) (4) of BNS, 2023 Learned counsel contends that the petitioner has been in custody for about 1 year. He alleges false implication based on the disclosure statement of co- alleged recovery of contraband effected is marginally above the commercial quantity, it being 260 grams of heroin. recovery effected from the petitioner and no evidence has also emerged to connect him to the case, but for the aforesaid disclosure statement, which Prayer in the present petition filed under Section 483 of BNSS, 2023 is for grant of regular bail to the petitioner in case FIR No.18 dated 09.03.2025, registered at Police Station Majitha Road, C/61/85 NDPS Act, added later on Section 29 NDPS Act, Sections 111(2) (b) (4) of BNS, 2023. Learned counsel contends that the petitioner has been in He alleges false implication. His name surfaced -accused, Kuldip Singh, from alleged recovery of contraband effected is marginally above the being 260 grams of heroin. There is no recovery effected from the petitioner and no evidence has also emerged to connect him to the case, but for the aforesaid disclosure statement, which PARVEEN KUMAR 2026.03.12 19:21 I attest to the accuracy and integrity of this order/judgment. is inadmissible in the eyes of law as per the judgment passed by Hon'ble the Supreme Court in the case of Tofan Singh vs. State of Tamil Nadu, 2021 (1) RCR (Crl.) 1. Further that, co-accused, namely, Bobby @ Billa has since been granted bail by the Coordinate Bench, vide order dated 26.11.2025, after being in custody of more than 8 months. Challan has been presented on 28.08.2025, however, charges are yet to be framed and there are, in all, 14 PWs. He is not involved in any other case. 3. The custody certificate dated 11.03.2026, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 11 months and 20 days. 4. Learned State counsel opposes the bail on the ground that He is, however, unable to controvert the submissions with regard to stage of the case; the co- accused having been enlarged on bail and the petitioner being not involved in any other case. 5. Heard. 6. Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 11 months and 20 days; not involved in any other case; co-accused is on bail; challan stands presented on 28.08.2025, but charges have not been framed and there are total 14 PWs; the trial is likely to take a considerable time and thus his further incarceration would not serve any useful purpose, the present petition for grant of regular bail deserves to be allowed. PARVEEN KUMAR 2026.03.12 19:21 I attest to the accuracy and integrity of this order/judgment. 7. As a result, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned and subject to his not being required in any other case. The petitioner shall abide by the following conditions:- (vii) The petitioner shall furnish his address and mobile number to the Trial Court forthwith and shall not change the same till the conclusion of the trial and in case for any reason, the petitioner seeks to change any of the aforesaid, the same shall be done only with prior intimation to the learned Trial Court, stating the reason for the same. 8. It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation PARVEEN KUMAR 2026.03.12 19:21 I attest to the accuracy and integrity of this order/judgment. of bail as granted to the petitioner by this order. 9. In view of the above, it is clarified that the observations made herein are limited for the purpose of present proceedings and would not be construed as an opinion on the merits of the case and the trial would proceed independently of the aforesaid observations. PARVEEN KUMAR 2026.03.12 19:21 I attest to the accuracy and integrity of this order/judgment.