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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24924-2025 Date of Decision:06.08.2025 Rohit Sharma @ Gora
…Petitioner Vs. State of Punjab
…Respondent
Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Shivander Pal Singh, Advocate for Mr. B.S Bhalla, Advocate for the petitioner. Mr. Ravneet Singh Joshi, DAG, Punjab. *** N.S.Shekhawat J. (Oral)
1. The petitioner has filed the present petition under Section 483 of B.N.S.S with a prayer to grant regular bail to him in case FIR No. 34, dated 02.03.2025, registered under Section 25 of Arms Act, Police Station Gate Hakima, District Amritsar (Annexure P-1).
2. As per the case of the prosecution, the petitioner was apprehended by a police party on 02.03.2025, while he was in possession of .32 bore pistol with magazine and one live.32 bore round.
3.
Learned counsel for the petitioner submits that the petitioner has been involved in the present case due to pendency of other cases against him and has been falsely involved in the present case. He next contends that petitioner is in custody for the last more than 05 months and challan has already been presented against him. Even though three more cases were ordered to be registered against him, but he is on bail in all three cases.
4. On the other hand, learned State counsel has vehemently opposed HITESH 2025.08.07 12:36 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh
CRM-M-24924-2025 -2 the prayer made by learned counsel for the petitioner on the ground that the petitioner is a habitual offender and he does not deserve the concession of bail.
5. I have heard the learned counsel for the parties and perused the record carefully.
6. In the present case, the petitioner is in custody for the last more than five months and recovery has already been effected from him. Moreover, no witness has been examined so far. Thus, further custody of the petitioner will not serve any meaningful purpose.
7. Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial on his furnishing bail bonds and surety to the satisfaction of the concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. (iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect. (v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court. HITESH 2025.08.07 12:36 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh
CRM-M-24924-2025 -3 (vi) In case, the petitioner is involved in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner. (viii) The petitioner shall report on every 1st Monday of English calender month to the concerned SHO till the conclusion of the trial and SHO shall mark his presence by making an entry in the Rojnamcha.
8. In case, the petitioner violates any of the conditions mentioned above, it shall be viewed seriously and the concession of bail granted to him shall be liable to be cancelled and the prosecution shall be at liberty to move an application in this regard.
(N.S.SHEKHAWAT) 06.08.2025
JUDGE hitesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HITESH 2025.08.07 12:36 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh