CRM-M-45450-2023 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 226 CRM-M-45450-2023 (O&M) Date of Decision:- 06.05.2025 JAGMEET SINGH ALIAS MEET ....Petitioner(s) Versus STATE OF PUNJAB ...Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present : Mr. Hitesh Chopra, Advocate for the petitioner. Mr. Jatinder Pal Singh, Sr. DAG Punjab. ***** SANJIV BERRY, J. (ORAL) The instant petition has been preferred by the petitioner under Section 439 CrPC for grant of regular bail to the petitioner in the following case :- FIR No. Dated Sections Police Station 01 21.01.2022 21, 25 and 29 of the NDPS Act; 25 of the Arms Act State Special Operation Cell-ASR, District Amritsar no. 2), Mo 2. It is, inter alia, contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case. He contends that the petitioner is not named in the FIR, nor any overt act is attributed to him. He further contends that petitioner has been nominated on the alleged disclosure statement of accused Gurmukh Singh @ Happy on SANDAL SHARMA 2025.05.07 18:14 I attest to the accuracy and authenticity of this order/judgment CRM-M-45450-2023 (O&M) -2- flimsy grounds, claiming to have been supplied with the country-made pistol by the petitioner. He submits that the petitioner has no concern with the said weapon or the allegations levelled against him. He submits that the petitioner is in custody since 04.06.2022 and challan has already been presented in Court and the conclusion of trial will take sufficient long time to conclude. Thus, no purpose would be served by keeping the petitioner behind bars as the petitioner is facing unwarranted incarceration. Thus prays for grant of concession of bail to the petitioner. 3. Per contra, learned State counsel while referring to the status report filed by the State has opposed the petition on the ground that the petitioner has been nominated on the disclosure statement of co-accused Gurmukh Singh @ Happy and is alleged to have supplied the country-made pistol to him. Thus, prays for dismissal of the petition. 4. Heard learned counsel for the parties and perused the record. 5. After considering the rival contentions and perusing the record, it transpires that that as per the case of prosecution, consequent upon the arrest of co-accused Gurmukh Singh @ Happy, 100 grams of heroin was recovered from him on the basis of his first disclosure statement and subsequently on the basis of his second disclosure statement, one country- made pistol and seven live cartridges were alleged to have been recovered from him. During his interrogation, he made a disclosure statement, nominating a present petitioner as the person from whom he had acquired the country-made pistol. 6. From the perusal of the record, it transpires that the petitioner SANDAL SHARMA 2025.05.07 18:14 I attest to the accuracy and authenticity of this order/judgment CRM-M-45450-2023 (O&M) -3- was nominated on the disclosure statement made by co- accused Gurmukh Singh @ Happy. The said Gurmukh Singh @ Happy has already been granted the concession of bail vide order dated 21.07.2023 passed in CRM- M-17311-2022 (Annexure P-3) by this court and the only allegation against the petitioner, on the basis of aforesaid disclosure statement of co-accused Gurmukh Singh, is that the country-made pistol recovered from him was allegedly supplied by the petitioner. As stated above, challan has already been presented against the petitioner, wherein out of 25 witnesses cited by the prosecution, only 11 have been examined till date. The petitioner is in custody since 04.06.2022 and the criminal liability, if any, of the petitioner, could only be determined after the conclusion of trial, which may take sufficient long time. Moreover, the said co-accused Gurmukh Singh @ Happy, on whose disclosure statement, the petitioner has been nominated, has already been granted the concession of bail vide Annexure P-3 (supra). In the circumstances, no purpose would be served by detaining the petitioner any longer. 7. Consequently, without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of learned Trial Court/Judge on Duty/Duty Magistrate concerned, if not required in any other case; undertaking to regularly appear on each and every date; not to leave the country without prior permission of the Court; and not to tamper with evidence of prosecution in any manner. 8. It is further made clear that in case the petitioner is again found SANDAL SHARMA 2025.05.07 18:14 I attest to the accuracy and authenticity of this order/judgment CRM-M-45450-2023 (O&M) -4- involved in any case under NDPS Act, in future, after his release on bail, it will be open for the prosecution to move an application for cancellation of his bail in accordance with law. 9. Any observation made above shall not be construed as opinion of this Court on the merits of the case. 10. Pending miscellaneous application(s), if any, stands disposed of. (SANJIV BERRY) JUDGE 06.05.2025 S.Sharma(syr) i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No SANDAL SHARMA 2025.05.07 18:14 I attest to the accuracy and authenticity of this order/judgment