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CRM-M No.22614 of 2026 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 218 *****
CRM-M No.22614 of 2026 Date of decision : 24.8.2026 Date of uploading : 24.8.2026
Sukhchain Singh
………….Petitioner Versus State of Punjab
…….Respondent
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present: Mr. Shantanu Bansal, Advocate, for the petitioner
Mr. Jaypreet Singh, DAG, Punjab
--- SUMEET GOEL, J. (ORAL)
1. Present 4th petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.48 dated 24.6.2021 under Sections 21 and 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), registered at Police Station Bhadaur, District Barnala.
2. The FIR in question pertains to recovery of 473.6 grams of tramadol and 10 grams of heroin.
3.
Learned counsel for the petitioner has argued that the petitioner was granted the concession of regular bail by a Coordinate Bench of this Court vide order dated 19.4.2023 passed in CRM-M No.17258 of 2023.
Learned counsel has further submitted that, thereafter, the petitioner ASHWANI KUMAR 2026.08.24 17:55 I attest to the accuracy and integrity of this document
CRM-M No.22614 of 2026 -2-
continued to appear before the concerned trial Court and face the trial but was unable to appear subsequently as he was admitted to de-addiction centre. Learned counsel has further urged that the petitioner upon being released from de-addiction centre on 11.10.2025, surrendered himself to the jurisdiction of the concerned Court on 20.11.2025. Learned counsel has argued that the petitioner is in continuous custody since then. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of regular bail. Learned State counsel seeks to place on record custody certificate dated 22.8.2026 in Court, which is taken on record. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. It is not in dispute before this Court that the petitioner was afforded the concession of regular bail by a Coordinate Bench of this Court vide order dated 19.4.2023 passed in CRM-M No.17258 of 2023. Thereafter, the petitioner continued to appear on multiple occasions but subsequently his bail came to be cancelled on 25.8.2025. It is also not in dispute that presently the petitioner is in custody since 20.11.2025. The petitioner had suffered incarceration for more than 9 months after being re-arrested. As per the custody certificate, the petitioner has suffered total incarceration of 2 years, 7 months and 01 day & he is a man with clean antecedents. ASHWANI KUMAR 2026.08.24 17:55 I attest to the accuracy and integrity of this document
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6.1 Keeping in view the entirety of the factual milieu of the case in hand; this Court deems it appropriate to enlarge the petition on regular bail. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate.
However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. (viii) The petitioner shall submit, on the first working day of every month, an affidavit, before the concerned trial Court, to the effect that he has not been involved in commission of any offence after being released on bail. In case the petitioner is found to be involved in any offence after his being enlarged on bail in the present FIR, on the basis of his affidavit or otherwise, the State is mandated to move, forthwith, for cancellation of his bail which plea, but of course, shall be ratiocinated upon merits thereof. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed ASHWANI KUMAR 2026.08.24 17:55 I attest to the accuracy and integrity of this document
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hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move for cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. (SUMEET GOEL)
JUDGE 24.8.2026 Ashwanii Whether speaking/reasoned: Yes/No
Whether reportable:
Yes/No ASHWANI KUMAR 2026.08.24 17:55 I attest to the accuracy and integrity of this document