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2025 DAILYLAW 72639 (PNJ)

SUKHPREET SINGH ALIAS SUKH v. STATE OF PUNJAB

CRM-M/34226/2025 · 2025-07-09

N S Shekhawat

body2025

Judgment text

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247 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34226-2025 Date of Decision:09.07.2025 Sukhpreet Singh @ Sukh …Petitioner vs. State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Naveen Mahajan, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to him in case FIR No.180, dated 06.08.2024, registered under Sections 21(c), 29, 25 of NDPS Act (Section 27-A of NDPS Act added later on) Police Station Gharinda, District Amritsar (Annexure P-1). 2. Learned counsel for the petitioner contends that as per case of the prosecution, two co-accused, namely, Jatinder Singh and Lovepreet Singh were apprehended by the police, while they were having 1 kg of heroin in their conscious possession, without any permit or licence. The petitioner was neither named nor there was any averment, which connects the petitioner with the crime. The petitioner was later on nominated as an accused on the basis of the disclosure statement suffered by co-accused Lovepreet Singh. He further contends that the petitioner is in custody since 08.08.2024. He next contends that the similarly placed co-accused namely Ashok Kumar has already been HITESH 2025.07.09 17:55 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-34226-2025 -2 granted the concession of bail by this Court vide order dated 05.12.2024 (Annexure P-2). 3. On the other hand, learned State counsel has vehemently opposed the submisions made by learned counsel for the petitioner on the ground that four more FIRs were ordered to be registered against the petitioner and he does not deserve the concession of bail by this Court. 4. I have heard the learned counsel for the parties and perused the record carefully. 5. The petitioner is in custody for the last about 11 months and challan has already been presented against him. However, no witness has been examined so far and there is no possibility of early conclusion of the trial. Moreover, similarly placed co-accused Ashok Kumar has already been granted the concession of bail by this Court vide order dated 05.12.2024 (Annexure P-2). 6. 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 concerned 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 HITESH 2025.07.09 17:55 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-34226-2025 -3 concerned. (iv) The petitioner shall surrender her 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/ Trial Court. (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. 7. 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) 09.07.2025 JUDGE hitesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HITESH 2025.07.09 17:55 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh