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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CCCCRRRRM M M M----M M M M----33335555444411113333----2222000022226666 ((((OOOO&&&&M M M M)))) DECIDED ON: 10.07.2026 GGGGUUUURRRRDDDDEEEEVVVV SSSSIIIINNNNGGGGHHHH @ @ @ @ BBBBAAAABBBBAAAA .....PETITIONER VERSUS SSSSTTTTAAAATTTTEEEE OOOOFFFF HHHHAAAARRRRYYYYAAAANNNNAAAA .....RESPONDENT
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH. Present: Mr. Kamal Jindal, Advocate, and Mr. Bhavneet Singh, Advocate, for the petitioner. Mr. Pawan Kumar Garg, DAG, Haryana.
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1. Present petition has been filed by the petitioner, seeking grant of interim bail for a period of two months, in case, FIR No.165, dated 07.06.2026, under Section 21(b) of NDPS Act, registered at Police Station Kalanwali, Dabwali, District Sirsa, as wife of the petitioner is pregnant and her due date is 25.07.2026.
2. On 06.07.2026, following order was passed by this Court:-
“ii)
Learned counsel for the petitioner submits that on 07.06.2026, upon recovery of 25 grams 100 milligrams of heroin (noncommercial quantity) from co-accused Deep Singh, impugned FIR was registered under Section 21(b) of the NDPS Act. Petitioner was subsequently implicated on the basis of the disclosure statement of the co-accused. It is further submitted that wife of the petitioner was pregnant and her expected date of delivery, as advised by the doctor, was 25.07.2026; however, the child was born prematurely on 03.07.2026. It is thus contended that the presence and company of the petitioner is required at home at this emotional juncture for his wife and LAVISHA 2026.07.10 14:32 I attest to the accuracy and integrity of this document PHHC, Chandigarh
CCCCRRRRM M M M----M M M M----33335555444411113333----2222000022226666 ((((OOOO&&&&M M M M)))) ----2222---- newborn child, and therefore, interim bail for a period of two months is prayed for. iii) Notice of motion for 10.07.2026. iv) Mr. Pawan Kumar Garg, Deputy Advocate General, Haryana, appears on behalf of the respondent/State and seeks time to verify the facts and file a reply. v) To be shown in the urgent list.”
3. Learned State counsel has filed reply by way of affidavit dated 09.07.2026, in the Court today and the same is taken on record. Registry is directed to tag the same at the appropriate place on the file. 4. In paragraph No.9 of the reply, it has been specifically stated that, as per the inquiry conducted, wife of the petitioner/accused gave birth to a female child on 03.07.2026. She was discharged from the hospital on 06.07.2026. It has further been reported that both the petitioner's wife and the newborn child are in good health and are presently under the care and custody of Smt. Harjinder Kaur, mother of petitioner's wife (mother-in-law of the petitioner). 5. Statements of Smt. Harjinder Kaur (mother-in-law of the petitioner) and other respectable persons, along with the discharge summary of petitioner's wife, have also been annexed with the reply. 6. This Court has heard the submissions advanced by learned counsel for the parties and has carefully perused the record available before it, including the reply filed by the State. 7.
Having considered the submissions made on behalf of the State and material placed on record, this Court is satisfied that, at this crucial juncture, presence of the petitioner at home would be necessary to provide emotional support to his wife and newborn child, to ensure that LAVISHA 2026.07.10 14:32 I attest to the accuracy and integrity of this document PHHC, Chandigarh
CCCCRRRRM M M M----M M M M----33335555444411113333----2222000022226666 ((((OOOO&&&&M M M M)))) ----3333---- proper care is extended to them, and to make the requisite arrangements expected of a family member. 8. Accordingly, taking a compassionate and humanitarian view of the matter, this Court deems it appropriate to grant the concession of interim bail to the petitioner in the present case. 9. Accordingly, petitioner namely Gurdev Singh alias Baba is ordered to be released on interim bail w.e.f. 11111111....00007777....2222000022226666 ttttoooo 11111111....00009999....2222000022226666,,,, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. However, it is clarified that petitioner would surrender back to the concerned jail authorities oooonnnn 11111111....00009999....2222000022226666 bbbbyyyy 5555....00000000 PPPP....M M M M.... 11110000.... AAAAccccccccoooorrrrddddiiiinnnnggggllllyyyy,,,, pppprrrreeeesssseeeennnntttt ppppeeeettttiiiittttiiiioooonnnn iiiissss ddddiiiissssppppoooosssseeeedddd ooooffff.... (SANJAY VASHISTH) 11110000....00007777....2222000022226666
JJJJUUUUDDDDGGGGEEEE Lavisha Whether speaking/reasoned Yes/No Whether reportable Yes/No LAVISHA 2026.07.10 14:32 I attest to the accuracy and integrity of this document PHHC, Chandigarh