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2025 DAILYLAW 101814 (PNJ)

HEERA SINGH @ HIRA SINGH v. STATE OF PUNJAB

CRM-M/52903/2025 · 2025-09-24

Vinod S Bhardwaj

body2025

Judgment text

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CRM-M-52903-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 217 CRM-M-52903-2025 (O&M) Date of decision: 24.09.2025. HEERA SINGH @ HIRA SINGH ...Petitioner(s) VERSUS STATE OF PUNJAB ...Respondent(s) CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Ruhani Chadha, Advocate, for the petitioner. Mr. Mohit Kapoor, Sr. DAG, Punjab. VINOD S. BHARDWAJ, J. (Oral) The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the petitioner in case bearing FIR No.108 dated 05.06.2023, under Section(s) 21 (C), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Chheharta, District Amritsar. 2 As per the allegations levelled, co-accused Nishan Singh and petitioner were found in possession of 1 kg 750 grams of heroin without any permit or licence. 3 Learned counsel for the petitioner contends that the case of the RAJ KUMAR ARORA 2025.09.25 16:53 I attest to the accuracy and integrity of this document CRM-M-52903-2025 (O&M) -2- petitioner is on parity with co-accused Nishan Singh who has been granted the concession of regular bail by this Court vide order dated 19.08.2025 passed in CRM-M-9461-2025. He submits that as per the custody certificate placed on record, the petitioner is in custody since 12.06.2023 i.e. for the last 2 years, 03 months and 11 days and that only 06 witnesses out of 24 witnesses cited by the prosecution have been examined so far and the trial is not likely to conclude soon. 4 On the other hand, State counsel does not dispute the aforesaid factual aspects. He, however, contends that the point of distinction is that the petitioner is involved in three other cases under the Narcotic Drugs and Psychotropic Substances Act, 1985. However, the petitioner has been acquitted in two of three cases that had been registered and that in the third case, he has been granted the concession of regular bail as the petitioner was nominated as an accused on the basis of disclosure statement made by the co-accused from whom the recovery had been effected. 5 Having heard the learned counsel for the parties and taking into consideration the allegations levelled; the period of custody, the stage of the trial and further treating the petitioner at par with his co-accused Nishan Singh who has been granted the concession of regular bail by this Court vide order dated 19.08.2025 passed in CRM-M-9461-2025, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing requisite bail bond/surety bond to the satisfaction of the Trial Court/Duty Magistrate, concerned. 6 It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or RAJ KUMAR ARORA 2025.09.25 16:53 I attest to the accuracy and integrity of this document CRM-M-52903-2025 (O&M) -3- indirectly. 7 The observation made hereinabove shall not be construed as an expression on the merits of the case and the trial Court shall decide the case on the basis of available material. September 24, 2025. (VINOD S. BHARDWAJ) raj arora JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No RAJ KUMAR ARORA 2025.09.25 16:53 I attest to the accuracy and integrity of this document