Extracted from the PDF above. The PDF is authoritative.
CRM-M-30754-2025 (O&M)
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
226
CRM-M-30754-2025 (O&M) Date of decision: 03.07.2025
Pardeep Singh @ Raja
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present:- Ms. Komal Preet Kaur, Advocate
for the petitioner.
Ms. Sakshi Bakshi, AAG, Punjab.
MANISHA BATRA, J. (Oral)
1.
Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No. 12 dated 18.01.2020, registered under Sections 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station STF, SAS Nagar.
2.
Brief facts of the case relevant for the disposal of the present petition are that on 18.01.2020, the petitioner was apprehended and recovery of 270 grams of heroin was effected from him. Subsequently, he was granted concession of regular bail by this Court, vide order dated 22.07.2020 passed in CRM-M-17546-2020. Thereafter, he was appearing before the learned trial Court but absented himself on 24.08.2021, due to which, his bail was cancelled and arrest warrants were issued against him. Eventually, he was declared a proclaimed offender on 07.01.2023 and later on was arrested on MOHAMMAD WASEEM ANSARI 2025.07.03 17:08 I attest to the accuracy and integrity of this document
CRM-M-30754-2025 (O&M)
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01.05.2023. Since then, he is in custody.
3.
Learned counsel for the petitioner has argued that he has been falsely implicated in this case. The petitioner was granted concession of regular bail by this Court on 22.07.2020 but due to his non-appearance before the learned trial Court on 24.08.2021, the same was cancelled and he was declared a proclaimed offender. The petitioner was re-arrested on 01.05.2023 and since then he is languishing in custody. The trial is still going on and conclusion of the same will take some time. No useful purpose would be served by keeping him in custody anymore. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be released on regular bail. 4. Custody certificate has been filed by the respondent-State. Learned Assistant Advocate General, Punjab has opposed the prayer of the petitioner on the ground that the petitioner is involved in some other criminal cases and previously he had absconded and in case he is released on bail, he may abscond or indulge in similar offences. Hence, it is urged that the petition is liable to be dismissed. 5. I have heard learned counsel for the parties at considerable length and have also perused the material placed on record. 6. The petitioner was granted concession of regular bail by this Court. However, his bail came to be cancelled due to his non-appearance before the learned trial Court on 24.08.2021. The petitioner is in custody for the last more than two years after his re-arrest on 01.05.2023. Conclusion of trial would still take time. Keeping in view the aforesaid facts and circumstances, I am of the considered opinion that no useful purpose would MOHAMMAD WASEEM ANSARI 2025.07.03 17:08 I attest to the accuracy and integrity of this document
CRM-M-30754-2025 (O&M)
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be served by keeping him in custody anymore. Accordingly, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing personal bonds and two sureties to the satisfaction of the trial Court/Duty Magistrate concerned.
His release on bail shall further be subject to following conditions: (i) He shall mark his presence before the SHO of the police station concerned at 11:00 AM on first Monday of every month till conclusion of trial; (ii) He shall not directly or indirectly make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any Police Officer. (iii) He shall not commit any similar offence while on bail. 7. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with law. 8. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 03.07.2025
(MANISHA BATRA) Waseem Ansari Waseem Ansari Waseem Ansari Waseem Ansari
JUDGE
Whether speaking/reasoned
Yes/No
Whether reportable
Yes/No MOHAMMAD WASEEM ANSARI 2025.07.03 17:08 I attest to the accuracy and integrity of this document