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2025 DAILYLAW 97738 (PNJ)

HARISH KUMAR v. STATE OF PUNJAB

CRM-M/49103/2025 · 2025-09-09

Ramesh Kumari

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 240 HARISH KUMAR STATE OF PUNJAB CORAM: HON'BLE MR Present: RAMESH KUMARI (Old u/s 439 of the Code of Criminal Procedure) for the petitioner/ registered under Section NDPS Act, 1885 earlier, the petitioner was granted pre surrendered before the learned trial Court. However, during the pendency of the case, he remaine noted down the wrong date of hearing. Furthermore, he was admitted to a drug rehabilitation centre and remained there for two months. He was unable IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH HARISH KUMAR VS. STATE OF PUNJAB CORAM: HON'BLE MRS. JUSTICE RAMESH Mr. Rajesh K. Dadwal, Advocate for the petitioner. Mr. Baljinder Singh Sran, Addl. AG, Punjab. **** RAMESH KUMARI, J.(ORAL) Through instant petition under Section (Old u/s 439 of the Code of Criminal Procedure) for the petitioner/Harish Kumar, in case FIR No.225 dated 25.09.2020, registered under Sections 21 and later on added offences under Section 29 of NDPS Act, 1885, at Police Station Model Town, The contention of the learned counsel for the petitioner is that earlier, the petitioner was granted pre-arrest bail by this Court and he had surrendered before the learned trial Court. However, during the pendency of ase, he remained absent from the Court on 10.04 noted down the wrong date of hearing. Furthermore, he was admitted to a drug rehabilitation centre and remained there for two months. He was unable IN THE HIGH COURT OF PUNJAB AND HARYANA CRM-M-49103 of 2025 Date of decision: 09.09.2025 ..PETITIONER ..RESPONDENT RAMESH KUMARI Mr. Rajesh K. Dadwal, Advocate Singh Sran, Addl. AG, Punjab. Through instant petition under Section 483 of BNSS 2023 for (Old u/s 439 of the Code of Criminal Procedure) for grant of regular bail to FIR No.225 dated 25.09.2020, 21 and later on added offences under Section 29 of odel Town, District Hoshiarpur. The contention of the learned counsel for the petitioner is that arrest bail by this Court and he had surrendered before the learned trial Court. However, during the pendency of d absent from the Court on 10.04.2024 because he had noted down the wrong date of hearing. Furthermore, he was admitted to a drug rehabilitation centre and remained there for two months. He was unable 483 of BNSS 2023 for grant of regular bail to FIR No.225 dated 25.09.2020, 21 and later on added offences under Section 29 of The contention of the learned counsel for the petitioner is that arrest bail by this Court and he had surrendered before the learned trial Court. However, during the pendency of .2024 because he had noted down the wrong date of hearing. Furthermore, he was admitted to a drug rehabilitation centre and remained there for two months. He was unable POONAM SHARMA 2025.09.11 11:05 I attest to the accuracy and authenticity of this document Citation No. 2025: PHHC:123133 CRM-M-49103 of 2025 -2- to inform his counsel during this period. Consequently, he was declared a proclaimed offender on 25.04.2025. The bail was cancelled on 26.09.2024, and he challenged the Proclaimed Offender order, which is currently pending. In compliance with the court's order dated 28.07.2025, he surrendered before the learned Trial Court. However, his application for regular bail was dismissed vide order dated 26.09.2024. Since the accused-applicant had surrendered before the learned Trial Court on 14.08.2025 in compliance of the order dated 28.07.2025, the present petition is allowed. Accordingly, without commenting upon the merits of the case, the petitioner namely Amritpal Singh is ordered to be released on regular bail during pendency of the trial, on furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court/Duty Magistrate. Nothing observed hereinabove shall be construed to be expression of an opinion by this Court on merits of the case. The learned Court below is directed to proceed with the matter on its own merits, lest it may prejudice the trial. (RAMESH KUMARI) September 09, 2025 JUDGE Poonam Sharma Whether speaking/reasoned Yes/No Whether reportable Yes/No POONAM SHARMA 2025.09.11 11:05 I attest to the accuracy and authenticity of this document