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CRM-M-29951-2025
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 236 CRM-M-29951-2025 Date of decision: 28.07.2025 BALDEV SINGH ALIAS DABBU ....Petitioner Versus STATE OF PUNJAB
...Respondent
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. Prashant Vashisth, Advocate for the petitioner. Mr. Manjinder Singh Bhullar, DAG, Punjab.
SANJAY VASHISTH. J.(Oral)
1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner(s) FIR No. Date Section(s) Police Station District BALDEV SINGH ALIAS DABBU 39 08.03.2025 22 of NDPS Act Sidhwan Bet Ludhiana
2. In the instant regular bail petition, on 02.07.2025, following order was passed:-
“1. The instant petition under Section 439 of Cr.P.C. has been filed for grant of regular bail in case FIR No.39 dated 08.03.2025, under Section 22 of the NDPS Act, Police Station Sidhwan Bet, Ludhiana.
2. It is argued that there is a recovery of 30 intoxicant tablets of mark Lorazepam, therefore, the recovery falls under the category of non-commercial quantity.
3. Petitioner is involved in 10 other cases and in 04 of the cases, the cancellation report has been recommended, apart being AMANDEEP GOSAIN 2025.07.28 18:56 I attest to the accuracy and integrity of this order/judgment
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acquitted in some of the cases.
4. Notice of motion.
5. On asking of the Court, learned State counsel, who is present in the Court, accepts notice on behalf of the respondent-State.
6. Let a specific status report be filed by learned State counsel detailing therein about the status of the investigation/trial.
7. List on 28.07.2025.”
3.
Learned counsel for the petitioner contends petitioner has already undergone incarceration period of more than 04 months and 17 days inside jail and there is recovery of 30 intoxicant tablets of mark Lorazepam from the petitioner, culpability of which is yet to be ascertained. He further submits that the process of recording of statement is yet to start.
3. On advance notice and in response to the arguments addressed by
learned counsel for the petitioner, learned State counsel, produces the status report and custody certificate dated 27.07.2025 in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has already been handed over to the counsel for the petitioner. As per custody certificate, petitioner has already undergone 04 months and 17 days period inside jail.
4. Learned State counsel has vehemently opposed the prayer of grant of bail to the petitioner, keeping in view the nature of allegations and the gravity of offence involved herein. He further submits that if the petitioner is granted concession of bail, there is every likelihood of their being absconding from the trial and can indulge in similar kind of activities.
5. This Court has heard the learned counsel for the parties concerned, and has gone through the instant petition.
6. As per the totality of circumstances, and the facts/allegations levelled against the petitioner, and the factors noticed hereinabove, I deem it appropriate to grant the concession of bail to the petitioner. Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ AMANDEEP GOSAIN 2025.07.28 18:56 I attest to the accuracy and integrity of this order/judgment
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Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.
7. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.
8. Any of the discussion done and recorded hereabove, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditously as possible, in accordance with law.
9. It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to be cancelled.
10. Petition stands disposed of.
(SANJAY VASHISTH) 28.07.2025
JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AMANDEEP GOSAIN 2025.07.28 18:56 I attest to the accuracy and integrity of this order/judgment