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2025 DAILYLAW 73684 (PNJ)

JASWINDER SINGH v. STATE OF PUNJAB

CRM-M/34664/2025 · 2025-08-05

N S Shekhawat

body2025

Judgment text

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247 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34664-2025 Date of Decision:05.08.2025 Jaswinder Singh …Petitioner Vs. State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Ms. Isha Goyal, Advocate with Mr. R.P Saini, 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.216, dated 30.11.2024 registered under Sections 22-C, 25,29,61,85 of NDPS Act, at Police Station Gate Hakima, District Amritsar. 2. Learned counsel for the petitioner contends that as per the case of the prosecution, Daljit Singh co-accused was arrested and 20,000/-tablets of Tramadol were allegedly recovered from him. After his arrest, he suffered a disclosure statement in police custody and named the petitioner as the supplier of drugs. She further contends that except the disclosure statement suffered by co-accused, there is no other evidence against him. The petitioner was arrested in the present case on 25.12.2024 and is in custody for the last more than seven months. Even, no recovery was effected from him. 3. On the other hand, learned State counsel has vehemently opposed HITESH 2025.08.06 09:28 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-34664-2025 -2 the submissions made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the present petitioner and he does not deserve the concession of bail by this Court. 4. I have heard learned counsel for the parties and perused the record. 5. In the present case, the petitioner is stated to be in custody for the last about seven months and no witness has been examined so far and even, charge has not been framed against him. Thus, further custody of the petitioner will not serve any meaningful purpose. 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 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 concerned. (iv) The petitioner shall surrender his 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/learned Trial Court. HITESH 2025.08.06 09:28 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-34664-2025 -3 (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) 05.08.2025 JUDGE hitesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HITESH 2025.08.06 09:28 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh