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2026 DAILYLAW 26218 (PNJ)

MANDEEP KUMAR ALIAS PUNJABI v. STATE OF HARYANA

CRM-M/10876/2026 · 2026-07-06

H S Grewal

body2026

Judgment text

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CRM-M-10876-2026 (O&M) CRM-M-14812-2026 (O&M) CRM-M-28844-2026 (O&M) 1 225 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 06.07.2026 1. CRM-M-10876-2026 (O&M) MANDEEP KUMAR ALIAS PUNJAB ... PETITIONER VERSUS STATE OF HARYANA ... RESPONDENT 2. CRM-M-14812-2026 (O&M) SHREE RAM SUTHAR ... PETITIONER VERSUS STATE OF HARYANA ... RESPONDENT 3. CRM-M-28844-2026 (O&M) KHETA RAM ... PETITIONER VERSUS STATE OF HARYANA ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. P.S.Hundal, Senior Advocate with Mr. G.S.Hundal and Ms. Arshpreet Kaur, Advocates for the petitioner in CRM-M-10876-2026. Mr. D.N.Ganeriwala, Advocate for the petitioner in CRM-M-14812-2026. Mr. Sandeep Verma, Advocate for the petitioner in CRM-M-28844-2026. H.S. GREWAL, J. (ORAL) 1. This common order shall dispose of aforesaid three bail petitions. For the sake of brevity, the facts are being taken from CRM-M- 14812-2026. 2. The petitioners are seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (439 Cr.P.C.) in FIR No.0348 dated JANKI BHATT 2026.07.07 10:39 I attest to the accuracy and integrity of this document High Court Chandigarh CRM-M-10876-2026 (O&M) CRM-M-14812-2026 (O&M) CRM-M-28844-2026 (O&M) 2 04.10.2024, under Sections 15(c), 27A, 29 of NDPS Аct, 1985, 61(2), 287, 111(1), 238 of BNS, 2023 (120-B, 285, 201 of IPC) and 25 of Arms Act at Police Station Bhuna, District Fatehabad. 3. The case of the prosecution is that on 03.10.2024 a secret information was received that a Canter is lying parked in abandoned condition near the house of one Subhash r/o Village Dhani Gopal for the last 2-3 days. During checking of Canter, 08 quintals 19 kgs of poppy husk contained in 42 bags was recovered. During investigation, co-accused Bhagat Singh @ Bhagta was arrested who suffered disclosure statement regarding his involvement in the offence and petitioner-Mandeep Kumar @ Punjabi. During further investigation, petitioner-Shree Ram Suthar and petitioner-Kheta Ram have suffered disclosure statement regarding their involvement in the crime. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. The petitioners have been nominated only on the basis of the disclosure statement of the co- accused. They further submit that the petitioners are in custody for more than 01 year and 02 months. They, thus, pray for grant of bail to the petitioners. 5. Notice of motion. 6. Mr. Vijay Kumar, AAG Haryana accepts notice on behalf of the State and vehemently opposes the prayer for grant of regular bail to the petitioners on the ground of gravity of allegations. Learned State counsel has filed the custody certificate in the Court today and the same is taken on record. As per the custody certificates, the petitioners are in custody for more than 01 year and 02 months and out of total cited 51 prosecution witnesses, only 03 JANKI BHATT 2026.07.07 10:39 I attest to the accuracy and integrity of this document High Court Chandigarh CRM-M-10876-2026 (O&M) CRM-M-14812-2026 (O&M) CRM-M-28844-2026 (O&M) 3 witnesses have been examined so far. 7. I have heard the learned counsel for the parties and perused the record. 8. After hearing the rival contentions of the learned counsel for the parties and keeping in view the facts and circumstances of the case that petitioners have been nominated on the basis of the disclosure statement; the petitioners are in custody for more than 01 year and 02 months and out of total cited 51 prosecution witnesses, only 03 witnesses have been examined so far; the conclusion of trial is likely to take a long time and continuous detention of the petitioners would not serve the ends of justice, this Court deems it fit to grant the concession of regular bail to the petitioners during the pendency of the trial. 8. Reference can be made to the judgment of the Hon’ble Supreme Court in the case of Pardeep Kumar @ Banu versus State of Punjab, bearing Criminal Appeal No.1341/2026 (arising out of SLP(Cri.) No.18775/2025), decided on 13.03.2026, wherein it has been categorically held that where the accused has remained in custody for a considerable period and the trial has not even commenced, or is not likely to conclude in the near future, therefore, continued incarceration would amount to punishment without trial. In such circumstances, further detention pending trial is not necessary and the accused is entitled to be released on bail. 9. Therefore, without expressing any opinion on the merits of the case, the instant petitions are allowed. The petitioners are ordered to be released on regular bail on their furnishing requisite bail bonds, surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate JANKI BHATT 2026.07.07 10:39 I attest to the accuracy and integrity of this document High Court Chandigarh CRM-M-10876-2026 (O&M) CRM-M-14812-2026 (O&M) CRM-M-28844-2026 (O&M) 4 concerned. 10. Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case. 11. It is clarified that while on bail so granted through the instant order the petitioners are found indulging in any other criminal case, it shall be open to the State to seek cancellation of their bail. 12. Pending miscellaneous application(s), if any, shall also stand disposed of. (H.S.GREWAL) 06.07.2026 JUDGE Janki Whether speaking/reasoned : Yes/No Whether reportable : Yes/No JANKI BHATT 2026.07.07 10:39 I attest to the accuracy and integrity of this document High Court Chandigarh