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2025 DAILYLAW 70438 (PNJ)

RAJESH CHAWLA v. STATE OF PUNJAB

CRM-M/32677/2025 · 2025-06-20

Sandeep Moudgil

body2025

Judgment text

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212 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32677-2025 DECIDED ON: 20.06.2025 RAJESH CHAWLA .....PETITIONER VERSUS STATE OF PUNJAB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Munish Gulati, Advocate for the petitioner. Mr. Jasjit Singh Rattu, DAG, Punjab. SANDEEP MOUDGIL, J (ORAL) The jurisdiction of this Court has been invoked for the Second time for grant of Regular interim Bail under section 483 read with 528 B.N.S.S seeking interim bail for two weeks on the account of death of the father of the present petitioner in case FIR No.88 Dated 13.9.2022 registered under section 22 NDPS Act and Section 29 NDPS Act (added subsequently) at Police station Ghall Khurd, District Ferozepur. Learned counsel for the petitioner contends that the father of the petitioner namely Harmesh Chawla had unfortunately passed away on 14.06.2025 and the petitioner being the elder son, sought interim bail for two weeks for performing last rites. In support of his assertions, Panchayati Nama has been attached as Annexure P-3 with the main petition. In compliance to the order dated 18.06.2025, short affidavit dated 19.06.2025 of Karan Sharma, PPS, Deputy Superintendent of Police (SD), Ferozepur, District Ferozepur has been filed on behalf of the State, POONAM NEGI 2025.06.20 18:59 I attest to the accuracy and integrity of this document CRM-M-32677-2025 -2- which is taken on record. Copy thereof has been supplied to the learned counsel for the petitioner. A perusal of para No.3 of the said status report would depict that the father of the petitioner, namely, Harmesh Chawla unfortunately passed away on 14.06.2025 due to heart attack and cremation took place on 15.06.2025. It also depicts that now the Bhog ceremony of the petitioner’s father is scheduled for 25.06.2025. However, Mr. Rattu, learned State counsel would decline the prayer made in the petition pointing out that the petitioner was arrested by the police after recovery of 3000 intoxicant tablets from his conscious possession and there is every apprehension of his absconding if he is granted interim regular bail. Be that as it may, considering the fact that the petitioner is the elder son and, therefore, he has every right to attend the last rites of his father irrespective of the fact that he is accused in the present case. Also, the petitioner has also undertaken vide paras No.9 and 10 that he will surrender back in time i.e. before expiry of the interim regular bail if so granted and also will not leave the country without prior permission of this Court which can be reproduced hereinbelow:- “9. That the petitioner undertakes that he will surrender on time i.e. before expiry of the interim bail. 10. That the petitioner undertakes that. he will not leave the country without prior permission of this Hon'ble Court.” However, without going into the merits of the case, this Court has considered the facts and the prayer based on the arguments presented and hereby grants relief to the petitioner. POONAM NEGI 2025.06.20 18:59 I attest to the accuracy and integrity of this document CRM-M-32677-2025 -3- Accordingly, the petitioner is directed to be released on interim regular bail for a period of one week w.e.f. 21.06.2025, subject to his furnishing personal/surety bonds to the satisfaction of trial Court/Duty Magistrate. It is however, made clear that the petitioner shall surrender to the Jail authorities, concerned on or before 27.06.2025, by 05:00 p.m. The present petition stands disposed of in the aforesaid terms. (SANDEEP MOUDGIL) 20.06.2025 JUDGE Poonam Negi Whether speaking/reasoned : Yes/No Whether reportable : Yes/No POONAM NEGI 2025.06.20 18:59 I attest to the accuracy and integrity of this document