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2026 DAILYLAW 26684 (PNJ)

KUSH @ BABA v. STATE OF PUNJAB

CRM-M/34334/2026 · 2026-07-07

Manisha Batra

body2026

Judgment text

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CRM-25596-2026 in/and CRM-M No.34334 of 2026 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 252 CRM-25596-2026 in/and CRM-M No.34334 of 2026 Date of decision: 07.07.2026 Kush @ Baba ... Petitioner Vs. State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Ramnish Puri, Advocate, for the petitioner. Mr. Roshandeep Singh, AAG, Punjab, for the respondent-State. ---- MANISHA BATRA, J. (Oral) CRM-25596-2026 The application is allowed, as prayed for subject to just exceptions. Main Case 1. Prayer in this petition has been made by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”) for extending benefit of regular bail in case arising out of FIR MANJU 2026.07.08 10:49 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-25596-2026 in/and CRM-M No.34334 of 2026 -2- No.226 dated 27.11.2018 registered under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) (Sections 25 and 29 of NDPS Act added later on) at Police Station Islamabad, District Police Commissionerate Amritsar, on the allegations that on 27.11.2018, the petitioner along with the co-accused was apprehended and recovery of 260 grams of heroin was effected from his conscious possession. The petitioner was extended benefit of bail vide order dated 09.09.2019 passed by this Court. He absenteed himself on 26.10.2021 due to which his bail was cancelled and bonds were forfeited to the State. Proceedings under Section 82 of Cr.P.C. were initiated against him and he was declared a proclaimed offender on 12.05.2022. He was arrested on 24.05.2025 and is in custody since then. 2. It is argued by learned counsel for the petitioner that he is in custody since long. Each day spent by him in custody after his re-arrest has furnished a ground to him to seek concession of bail. The trial will take considerable time to conclude. He is ready to abide by the conditions to be imposed upon him. It is, thus, argued that he deserves to be released on bail. 3. Notice of motion. 4. Mr. Roshandeep Singh, AAG, Punjab has advance notice of the petition and while placing on record custody certificate of the petitioner has vehemently argued that there are chances of petitioner’s absconding MANJU 2026.07.08 10:49 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-25596-2026 in/and CRM-M No.34334 of 2026 -3- again, if extended benefit of bail. It is, thus, stressed that the petition does not deserve to be allowed. 5. This Court has considered the rival submissions. 6. The petitioner had previously remained in custody for a period of 09 months and 14 days and after his re-arrest, he is in custody for a period of about 01 year, 01 month and 13 days. The trial is likely to take time to conclude. His further detention would not serve the ends of justice. Taking into consideration the above discussed facts, this Court is of the considered opinion that the petition deserves to be allowed. Accordingly, the same is allowed and the petitioner is ordered to be admitted to bail subject to his furnishing personal bonds as well as surety bonds by two sureties in the like amount each to the satisfaction of learned trial Court/CJM/Duty Magistrate concerned. 7. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. (MANISHA BATRA) 07.07.2026 JUDGE manju Whether speaking/reasoned Yes/No Whether reportable Yes/No MANJU 2026.07.08 10:49 I attest to the accuracy and authenticity of this order /judgment Chandigarh