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2025 DAILYLAW 69995 (PNJ)

DILMAYA GHARTI MAGAR v. STATE OF PUNJAB

CRM-M/32799/2025 · 2025-06-24

Harkesh Manuja

body2025

Judgment text

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213 IN THE HIGH COURT OF PUNJAB AND HARYANA AT DILMAYA GHARTI MAGAR STATE OF PUNJAB CORAM: HON'BLE MR. JUSTICE Present: Mr. Sandeep Saini, Mr. Athar Ahmed, DAG, Punjab HARKESH MANUJA 1. By way 2023, prayer has been made for grant of regular bail in case FIR No.39 dated 31.01.2023 registered under Sections 20/61/85 of NDPS Act, 1985 at Police Station Dera has been implicated with the allegations of recovery of 3 K 2. Learned counsel for the petitioner submits that investigation already stands concluded with the filing of challan followed by framing of charges. He further submits that the petit past 2 years and 4 months and the trial is likely to take some time. 3. On the other hand, prayer made in the present petition has been opposed by learned State counsel while referring to the huge quantity of the contraband. 4. I have heard learned counsel for the parties and gone through the paper book. behalf of the petitioner. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: DILMAYA GHARTI MAGAR Versus STATE OF PUNJAB HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Sandeep Saini, Advocate for the Mr. Athar Ahmed, DAG, Punjab **** HARKESH MANUJA, J. (ORAL) By way of present petition filed under Section 483 BNSS, 2023, prayer has been made for grant of regular bail in case FIR No.39 31.01.2023 registered under Sections 20/61/85 of NDPS Act, 1985 at Police Station Dera Bassi, SAS Nagar wherein, the petitioner as been implicated with the allegations of recovery of 3 K Learned counsel for the petitioner submits that investigation already stands concluded with the filing of challan followed by framing of charges. He further submits that the petit past 2 years and 4 months and the trial is likely to take some time. On the other hand, prayer made in the present petition has been opposed by learned State counsel while referring to the huge quantity of the contraband. I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made on behalf of the petitioner. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32799-2025 Date of Decision: June 24, 2025 ........Petitioner ........Respondent HARKESH MANUJA Advocate for the petitioner. Mr. Athar Ahmed, DAG, Punjab of present petition filed under Section 483 BNSS, 2023, prayer has been made for grant of regular bail in case FIR No.39 31.01.2023 registered under Sections 20/61/85 of NDPS Act, , SAS Nagar wherein, the petitioner as been implicated with the allegations of recovery of 3 Kgs of charas. Learned counsel for the petitioner submits that investigation already stands concluded with the filing of challan followed by framing of charges. He further submits that the petitioner is in custody for the past 2 years and 4 months and the trial is likely to take some time. On the other hand, prayer made in the present petition has been opposed by learned State counsel while referring to the huge I have heard learned counsel for the parties and gone I find substance in the submissions made on 2025 June 24, 2025 of present petition filed under Section 483 BNSS, 2023, prayer has been made for grant of regular bail in case FIR No.39 31.01.2023 registered under Sections 20/61/85 of NDPS Act, , SAS Nagar wherein, the petitioner Learned counsel for the petitioner submits that investigation already stands concluded with the filing of challan followed by framing ioner is in custody for the On the other hand, prayer made in the present petition has been opposed by learned State counsel while referring to the huge I have heard learned counsel for the parties and gone I find substance in the submissions made on TEJWINDER SINGH 2025.06.25 15:15 I attest to the accuracy and integrity of this document CRM-M-32799-2025 -2- 5. In the present case, the investigation has already been concluded with the filing of challan followed by framing of charges and the petitioner is in custody for the past 2 years and 4 months. Besides it, the petitioner is not involved in any other case under the provisions of NDPS Act and the trial is likely to take some time as out of 10 prosecution witnesses, only 4 have been examined whereas, one has been given up. Considering the aforesaid facts and circumstances, this Court does not find justification to extend his incarceration any further. 6. In view of the above, without commenting anything on the merits, lest it may prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate 24.06.2025 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2025.06.25 15:15 I attest to the accuracy and integrity of this document