CRM-M-7654 of 2025 239(2nd case) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-7654-2025 (O&M) Date of decision : 12.05.2025 Sonu Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Amit Agnihotri, Advocate for the petitioner. Mr. Amit Shukla, DAG, Punjab. **** MAHABIR SINGH SINDHU, J. CRM-11958-2025 Present application has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for placing on record copies of affidavits of father (Lal Singh) and sister (Krishna Kaur) of petitioner as Annexure A-2 to A-3. Notice of the application to the non-applicant. Mr. Amit Shukla, learned Deputy Advocate General, Punjab, accepts notice on behalf of respondent and he raises no objection in case the application is allowed. In view of above and for the averments mentioned in the application, the same is allowed as prayed for, subject to all just exceptions and copies of affidavits of father (Lal Singh) and sister (Krishna Kaur) of petitioner as Annexure A-2 to A-3 are taken on record. Registry to do the needful. -1- DIWAKER GULATI 2025.05.14 18:48 I attest to the accuracy and integrity of this document CRM-M-7654 of 2025 CRM-M-7654-2025 Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’), for grant of bail pending trial to the petitioner in FIR No.88 dated 28.11.2021, under Sections 3, 4 and 5 of the Explosive Substance Act, 2021; Section 25 of the Arms Act, 1959 and Section 120-B of the Indian Penal Code, 1860, registered at Police Station Bhaini Mian Khan, District Gurdaspur. 2. Allegations are that after receipt of secret information, a naka (barricade) was laid by the police and two persons, namely, Raj Singh @ Shindi & Jasmeet Singh @ Jagga were apprehended from the spot. On search of Raj Singh @ Shindi, one pistol along with magazine and one mobile phone was recovered; whereas currency notes of denomination of Rs.100 each as well as a mobile phone had been recovered from Jasmeet Singh @ Jagga. Present petitioner was nominated on disclosure made by Raj Singh @ Shindi, wherein he alleged that petitioner had relations with smugglers of Pakistan. 3. Contends that on 21.03.2025, petitioner was granted interim bail by this Court from 03.04.2025 uptill 09.04.2025 and he surrendered on 10.04.2025 at 11:00 a.m.; thus he has never misused the concession of interim bail. Further contends that petitioner is in custody since 14.11.2023; after investigation final report under Section 173 of Code of Criminal Procedure, 1973 was presented on 25.02.2022; charges were framed on 06.05.2024 and out of 21 -2- DIWAKER GULATI 2025.05.14 18:48 I attest to the accuracy and integrity of this document CRM-M-7654 of 2025 prosecution witnesses, only five have been examined so far. Again contends that there is no recovery alleged against the petitioner. Also contends that co-accused, namely, Jasmeet Singh @ Jagga has been granted bail pending trial by Co-ordinate bench vide order dated 04.10.2023 in CRM-M-38262-2023. Lastly contends that there is no likelihood that petitioner will misuse the concession or hamper the fair trial in case he is released on bail pending trial. 4. Learned State counsel, on instructions, duly acknowledged the above factual position, but he opposed the prayer on the ground that allegations are very serious in nature. 5. Heard learned State counsel and perused the paper-book. 6. It transpires that petitioner is in custody since 14.11.2023; final report under Section 173 Cr.P.C. was presented on 25.02.2022; charges were framed on 06.05.2024 and out of 21 prosecution witnesses, only five have been examined so far; 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. Also discernible that co-accused, namely, Jasmeet Singh @ Jagga has been granted bail pending trial by Co-ordinate bench vide order dated 04.10.2023 in CRM-M-38262-2023. 7. Consequently, present petition is allowed; petitioner shall be admitted to bail on furnishing bail/surety bonds to the satisfaction of -3- DIWAKER GULATI 2025.05.14 18:48 I attest to the accuracy and integrity of this document CRM-M-7654 of 2025 learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 8. 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). 9. The above observations may not be construed as an expression of opinion on the merits of the case. 10. It is clarified that in case there is recurrence or any misuse of concession of bail on the part of the petitioner, State of Punjab would be at liberty to move an appropriate application for recalling of this order. Pending application(s), if any, shall also stand disposed off. 12.05.2025 (MAHABIR SINGH SINDHU) d.gulati JUDGE Whether speaking / reasoned : Yes No Whether Reportable : Yes No -4- DIWAKER GULATI 2025.05.14 18:48 I attest to the accuracy and integrity of this document