CRM-M-22679-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22679-2025 Reserved on: 01.07.2025 Pronounced on: 08.07.2025 Jodha Singh @ Ranjodh Singh ...Peoner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Mandeep Dhot, Advocate, for the peoner. Mr. Jasdev Singh Thind, DAG, Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta1on Sec1ons 114 31.07.2022 Sadar Pa+, District Tarn Taran 304, 34 IPC 1. The peoner incarcerated in the FIR caponed above had come up before this Court under Secon 483 of Bharaya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. As per paragraph 12 of the bail applicaon, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Sta1on 1. 14 09.01.2024 21 (C), 61/85 of NDPS Act Goindwal Sahib, Dis?. Tarn Taran 3. The facts and allegaons are being taken from the status report filed by the State, which reads as follows: “3. That the true facts pertaining to the present case are that the complainant namely Jajbir Singh son of Swaran Singh got recorded his statement before the Invesgang Officer to the effect that they are three brothers. He is elder, then Nirmal Singh, and Gursahib Singh whose age is about 32-33 years, is youngest. His brother Gursahib Singh had fallen into bad company around one year ago and started taking drugs. On 31.07.22, 1 JYOTI 2025.07.08 15:53 I attest to the accuracy and integrity of this order/judgment. CRM-M-22679-2025 his brother Gursahib Singh said to him that he is going to the house of Jodha Singh son of Lakhwinder Singh @ Lakkha i.e. the peoner who is resident of their village, who le/ the house with Rs.200/-. Around 9:00 AM, he was going to Bhai Laddhu Khurd for his work, near village cremaon grounds which are on the road near the bus stop, his brother Gursahib Singh and Jodha Singh were si8ng together there. He asked his brother what is he doing here? he replied that he had some work with Jodha. He went away from there. Later, he came to know that his brother Gursahib Singh was given an overdose injecon of drugs by Jodha Singh, who is addicted and used to sell drugs, due to which, he died. Jodha Singh le/ the dead body at their house and fled. When he came to know, he came home and found his brother's dead body lying at home. He checked his body and found an injecon mark on the wrist of his le/ arm. His brother Gursahib Singh's death occurred due to the drug injecon given by Jodha Singh and strict legal acon should be taken against him. In this regard, the present case FIR No.114 dated 31.07.2022, under Secon 304 of IPC has been registered at Police Staon Sadar Pa8, District Tarn Taran against the peoner namely Jodha Singh.” 4. Counsel for the peoner submits that he has no objecon if this Court while granng bail imposes any stringent condions including surrender of fire arms, if any. On instrucons, counsel further submits that peoner shall not repeat the offence and would not involve himself in the offence, where the sentence is more than 7 years and if he does so, he has no objecon if the State files an applicaon for cancellaon of bail. He further contends that further pre-trial incarceraon would cause an irreversible injusce to the peoner and his family. 5. The State’s counsel opposes bail and refers to the status report. 6. It would be appropriate to refer to the following porons of the status report, which read as follows: “EVIDENCE AGAINST THE PETITIONER: 14. That as far as evidence against the peoner is concerned, it is submiCed that there are direct allegaons against the peoner as the peoner has been nominated on the basis of statement got recorded by the complainant. Moreover, the cause of death in the present case has also been received, as such, there is ample evidence against the peoner. 2 JYOTI 2025.07.08 15:53 I attest to the accuracy and integrity of this order/judgment. CRM-M-22679-2025 ROLE OF THE PETITIONER: 15. That as far as role of the peoner is concerned, it is submiCed that the peoner namely Jodha Singh has absented himself from the learned Trial Court for long me and even then, he did not bother to surrender before the learned Trial Court for facing the trial and if the peoner will be released on bail, there is every chance that he can abscond. Moreover, the peoner has also been declared proclaimed offender in the present case. As such, the peoner is certainly not entled for the concession of regular bail.” REASONING: 7. The peoner was earlier on bail; however, he failed to appear, which led to the cancellaon of the bail vide order dated 04.07.2024, passed by the trial Court. 8. The peoner was earlier granted bail, and as such, this court is inclined to grant bail subject to the strict condion that the peoner shall not remain absent from the trial even on a single day and subject to compliance with the following condions. 9. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegaons, and the other factors peculiar to this case, there would be no jusfiability for further pre-trial incarceraon at this stage. 10. Without commenng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons menoned above, the peoner makes a case for bail. CONDITIONS: 11. Given above, provided the peoner is not required in any other case, the peoner shall be released on bail in the FIR caponed above subject to furnishing bonds to the sasfacon of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepng the surety, the concerned Court must be sasfied that if the accused fails to appear, such surety can produce the accused. 12. While furnishing a personal bond, the peoner shall menon the following personal idenficaon details: 1. AADHAR number 2. Passport number (If available) and when the a?esng officer/court considers it appropriate or considers the accused a flight risk. 3 JYOTI 2025.07.08 15:53 I attest to the accuracy and integrity of this order/judgment. CRM-M-22679-2025 3. Mobile number (If available) 4. E-Mail id (If available) 13. This order is subject to the peoner’s complying with the following terms. 14. The peoner shall a?end the Trial on every date and shall not seek any adjournment. 15. This bail is condional, and the foundaonal condion is that if the peoner indulges in any non-bailable offense, the State may file an applicaon for cancellaon of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 16. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 17. A cerfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Peoner can download this order along with case status from the official web page of this Court and a?est it to be a true copy. If the a?esng officer wants to verify its authencity, such an officer can also verify its authencity and may download and use the downloaded copy for a?esng bonds. 18. Pe11on allowed in terms menoned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 08.07.2025 Jyo-II Whether speaking/reasoned: Yes Whether reportable: No. 4 JYOTI 2025.07.08 15:53 I attest to the accuracy and integrity of this order/judgment.