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CRM-M-2566-2025 (O&M) 1 225 (2nd case) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM-M-2566-2025 (O&M)
Date of Decision: 25.04.2025 Gurdeep Singh
.....Petitioner Versus State of Punjab .....Respondent CORAM:
HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Tejbir Singh Hundal, Advocate for the petitioner. Ms. Manjot Kaur, AAG, Punjab for the respondent. **** MAHABIR SINGH SINDHU
, J.
Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of bail pending trial to the petitioner in FIR No.79 dated 06.10.2024, under Sections 111, 111(2), 111(3), 111(4), 308(2), 308(4), 310(4), 310(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’); Sections 25(6), 25(7) & 25(8) of the Arms Act, 1959, registered at Police Station Mehna, District Moga. 2. Learned State counsel has produced Custody Certificate dated 24.04.2025 of petitioner and which is taken on record. Registry will tag the same at appropriate place. 3. Allegations are that a secret information was received by police that co-accused-Jagdeep Singh @ Jagga Dhurkot, who is residing abroad, associated with infamous Lawrence Bishnoi Gang, of which petitioner and other co-accused HARISH KUMAR 2025.04.27 15:15 I attest to the accuracy and authenticity of this document High Court, Chandigarh
CRM-M-2566-2025 (O&M) 2 are Members. While sitting at Bus Stand, Mehna, they were planning to extort money from innocent people. In pursuance thereof, raid was conducted by police party; petitioner alongwith co-accused were apprehended and illicit weapons were recovered. 4. Contends that the allegations levelled against petitioner are vague in nature; no incriminating material with regard to extortion or any threats has come on record and he has no concern with the alleged recovery of weapons. 4.1 Further contends that petitioner is in custody since 06.10.2024; after conclusion of investigation, final report under Section 193 of the BNSS was presented on 21.11.2024 and charges are yet to be considered. 4.2 Lastly contends that there is no likelihood of trial being concluded in near future and no useful purpose would be served by keeping the petitioner behind the bars. 5. Learned State counsel, on instructions, fairly acknowledges the factum of custody and status of trial; however, she opposed the prayer on the ground that allegations are very serious in nature and being a member of an Organized Crime Syndicate, petitioner indulged in unlawful activities with an objective to gain pecuniary and undue gains. 6.
Heard learned counsel for the parties and perused the paper-book. 7. It transpires that petitioner is in custody since 06.10.2024; after investigation, final report under Section 193 of the BNSS was presented on 21.11.2024; charges are yet to be considered in this case; therefore, conclusion of trial is likely to take long time. Moreover, it is not the objection of State that in case, petitioner is released on bail, he shall influence the witnesses and/or hamper the course of trial, in any manner; thus, his further incarceration would not serve any purpose. HARISH KUMAR 2025.04.27 15:15 I attest to the accuracy and authenticity of this document High Court, Chandigarh
CRM-M-2566-2025 (O&M) 3
8. Consequently, present petition is allowed; petitioner shall be admitted to bail on furnishing bail/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 9. Petitioner shall appear on each & every date of hearing and to fully co-operate with the learned trial Court without seeking any unnecessary adjournment(s). 10. The above observations may not be construed as an expression of opinion on the merits of the case. 11. It is clarified that in case there is recurrence or any misuse of concession of bail on the part of petitioner, State would be at liberty to move an appropriate application for recalling of this order. Pending application(s), if any, shall also stand disposed off. (Mahabir Singh Sindhu) 25.04.2025
Judge manoj
1. Whether speaking/ reasoned : Yes /No
2. Whether reportable : Yes /No HARISH KUMAR 2025.04.27 15:15 I attest to the accuracy and authenticity of this document High Court, Chandigarh