CRM-M- IN T 221 Goldy @ G v. State of Pun CORAM: Present: AARADHN 1. BNSS, an a him under Pathankot. dismissed a 2. taken from affidavit of (Rural), Dis -9137-2026 -1 IN THE HIGH COURT OF PUNJ CHANDIGA y @ Goldy Kumar of Punjab AM: HON’BLE MS. JUSTICE AA Mr. Munish Puri, Advocate fo Mr. Gautam Thapar, Senior DA **** ADHNA SAWHNEY, J. (Oral) This is 2nd petition for grant of an accused in case FIR No. 0119 da under Section 61 of Excise Act, at ankot. The earlier petition seeking sim issed as withdrawn from this Court on Relevant facts necessary for d from para 5(E) of the status report d avit of Sukhjinder Pal Singh, PPS, D al), District Pathankot. The same are “5 (E). That on 27.09.20 ASI Satpal and other polic patrolling and search of bad 1- PUNJAB AND HARYANA AT DIGARH CRM-M-9137-2026 Date of Decision: 27.03.2026 …Petitioner. …Respondent. CE AARADHNA SAWHNEY. ate for the petitioner. nior DAG, Punjab. rant of bail filed by petitioner u/s 483 o dated 27.09.2025, registered again at Police Station Taragarh, Distri ng similar relief, filed by petitioner wa on 16.1.2026. y for disposal of the petition are bein eport dated 09.03.2026 filed by way o PS, Deputy Superintendent of Polic are noticed hereinbelow:- 09.2025, the police party headed b police officials in connection wi bad elements were going towards th .2026 483 of against District ner was re being way of f Police ed by with ds the GURBACHAN SINGH 2026.03.30 09:19 I attest to the accuracy and integrity of this document CRM-M- Sessions Ju 21.11.2025 grant of bai 3. active local account of the FIR, ev petitioner. to drag him offence un administer substance/i -9137-2026 -2 Taragarh, Baknor, Rakwal, police party reached at v information was received, on at Narayanpur road near Ka sitting with plastic container became perplexed and tried to police officials and on asking on checking, 40 bottles of illi and 1 bottle 570 ML) were r Goldy. Recovery effected: That 35 bo 750 ML and 1 bottle 570 M recovered from petitioner-accu Petitioner moved an applicatio ions Judge, Pathankot. The same w .2025. Aggrieved of which, the pr t of bail. Learned counsel for the petiti e local politician has been falsely impl unt of upcoming Zila Parishad election IR, ever occurred. Nothing was reco ioner. False recovery of liquor was pl ag him in the present case. Further, ce under Section 123 of BNS is m nister nor intended to adm tance/intoxicating drug to any person n 2- al, Gajju Jagir, Narayanpur whic at village Gajju Jagir, a secr , on the basis of which police checke r Kathlor Road, a person was see iner, on seeing the police party h ed to get away, who was caught by th king he disclosed his name as Gold f illicit liquor (39 bottles of 750 M re recovered from petitioner-accuse 5 bottles of illicit liquor (34 bottles 70 ML) (total 26250 ML) have bee accused Goldy.” lication for grant of bail before learne ame was dismissed vide order date the present petition has been filed fo petitioner contends that petitioner, y implicated in the present case only o lections. No such incident, as alleged s recovered from the possession of th was planted upon him only with a vie rther, on a bare perusal of the FIR, n S is made out, for petitioner did n administer any poison/harmf erson nor the police authorities receive which secret ecked s seen rty he by the olda, 0 ML cused tles of been learned r dated iled for , an only on leged in n of the a view FIR, no did not harmful received GURBACHAN SINGH 2026.03.30 09:19 I attest to the accuracy and integrity of this document CRM-M- any compla been added further the petition, ch filed, as p ‘Changed C bail. is that in t likelihood when view petitioner useful purp 4. learned Sta and 1 bott container suggest th implicated quite questi which have under the sought for committing by not app related witn -9137-2026 -3 complaint to this effect. Thus, it is a added only to make the incident m er the submission of learned counsel th ion, challan accompanied by the repo , as per which liquor was not spu nged Circumstance” necessitating filin The next leg of submission of at in the wake of challan having bee ihood of completion of trial in the n viewed in the factual scenario of t ioner, who has been in custody since l purpose. Prayer for allowing the peti Per contra, while controverti State counsel submits that 35 bottle bottle 570 ML) (total 26250 ML) being carried by the petitioner. that police officials had any icated present petitioner. That apart, questionable; he being involved in 4 have been mentioned in para 5(H) the Excise Act. Learned State coun for is allowed/granted, there is itting yet another offence, as also appearing in the Court and overa witnesses are quite high. Dismissal 3- it is apparent that the said Section ent more serious/grave/heinous. It nsel that since the withdrawal of the I e report of Chemical Examiner stand ot spurious (hooch). This being th filing of 2nd petition seeking relief o ion of learned counsel for the petition g been filed recently on 6.2.2026, th the near future is quite remote. Thu o of the case, further incarceration o since 27.9.2025, would not serve an petition has been made. roverting the request for grant of bai bottles of liquor (34 bottles of 750 M ML) were recovered from a plast tioner. There is nothing on record prior enmity and, thus, false apart, past antecedents of petitioner 4 other criminal cases (the details of the status report), 3 of which counsel further contends that if reli is every likelihood of petition fleeing from the process of justic overawing the complainant and oth issal of petition has been prayed for. tion has . It is f the Ist stands ing the relief of etitioner 026, the e. Thus, ation of rve any bail, ML plastic cord to sely are etails of are relief etitioner justice other for. GURBACHAN SINGH 2026.03.30 09:19 I attest to the accuracy and integrity of this document CRM-M- 5. documents 6. Court. Fac have been essence bei materia to various par and gravity convicted formula for peculiar fac State of U. of the High ground that trial being c Singh Alia held that a nonetheless concession -9137-2026 -4 Heard learned counsel for ments on record. It is settled that grant or refus Factors to be kept in mind while been discussed by the Hon’ble Supr being that while exercising powers to Section 483 of BNSS), the Cou para meters including the nature of gravity of offence, punishments to icted, his past antecedents etc. Thus for exercising the discretion and ea facts. Hon’ble Supreme Court in M f U.P. and another, 2012(1) RCR e High Court in granting bail to the s nd that he had been in custody for a l being concluded in the near future was Recently, a Co-ordinate Ben Alias Billa Vs. State of Punjab pa that although an accused may hav theless if the incarceration period ession of bail. “Therefore, to elucidate furth basic and fundamental princip is a part of reasonable, fair an Article 21 of the Constitution 4- for the parties and perused refusal of bail is the discretion of while granting the concession of ba Supreme Court in several cases. Th powers under Section 439 Cr.P.C. (Pa Court has to take into consideratio of the charge, evidence, seriousne be awarded to a person, if he Thus, there can be no straight jack each case has to be examined on Maulana Mohd. Amir Rashadi CR (Criminal) 586, upheld the ord o the second respondent/accused on th for a long period and the possibility o re was remote. e Bench of this Court in Neelkam passed in CRM-M-39765-2024 ha y have past criminal antecedents b eriod is long, he is entitled for th further, this Court is conscious of th inciple of law that right to speedy tri ir and just procedure enshrined und tion of India. This constitutional rig the the bail The Pari deration iousness he is jacket on its adi v. he order d on the bility of kamal 024 has nts but for the of the y trial under right GURBACHAN SINGH 2026.03.30 09:19 I attest to the accuracy and integrity of this document CRM-M- 7. leading to of this orde -9137-2026 -5 cannot be denied to the accus court in “Hussainara Kha Secretary, State of Bihar, Pa this, reference can be drawn u the under-trials should be as the nature of accusation and t of conviction and the nature o apprehension of tampering wi threat to the complainant. As f and involvement of the petitio reliance can be placed upon th CRM-M-25914-2022 titled as State of Punjab” decided referring Article 21 of the Co held that no doubt, at the tim antecedents of the petitioner same time it is equally true during the course of trial has t the evidence in that case alo evidence in the other pending adherence to the rule of denia of other cases/convictions in petitioner in a situation of den Reverting back to the facts of to lodging of registration of FIR ha order. Be that as it may, in view of 5- ccused as is the mandate of the Ape Khatoon and ors (IV) v. Hom r, Patna”, (1980) 1 SCC 98. Besid wn upon that pre-conviction period as short as possible keeping in vie nd the severity of punishment in ca re of supporting evidence, reasonab g with the witness or apprehension . As far as the pendency of other cas etitioner in other cases is concerne on the order of this Court rendered d as “Baljinder Singh alias Rock v ed on 02.03.2023, wherein, whi Constitution of India, this Court ha e time of granting bail, the crimin ner are to be looked into but at th rue that the appreciation of evidenc has to be looked into with reference e alone and not with respect to th ding cases. In such eventuality, stri denial of bail on account of pendenc s in all probability would land th f denial of concession of bail.” of the case in hand, factual aspec have already been noticed in para of submissions advanced by learne Apex Home esides iod of n view n case nable ion of cases erned, red in ck vs. while rt has iminal at the idence nce to to the , strict dency d the aspects para 2 learned GURBACHAN SINGH 2026.03.30 09:19 I attest to the accuracy and integrity of this document CRM-M- counsel for the case, le petitioner but the pros of prosecut that his (P) under Artic but would incarcerati Dataram (Criminal) 8. to his furn learned tria the followin -9137-2026 -6 for the petitioner, but without com lest it may prejudice the trial, taki ioner has been in custody since 27.9 prospect of completion of trial in ne osecution witnesses have been exami his (P) further incarceration would no r Article 21 of the Constitution of Ind would also be against the principle eration is an exception” as held b vs. State of Uttar Pradesh inal) 131. Resultantly, petitioner is grant s furnishing bail bonds and two loc ed trial Court/Duty Magistrate concer ollowing conditions:- (i) The petitioner will not the trial. (ii) The petitioner will prosecution witnesses. (iii) The petitioner shall su learned trial court and shall n permission of the trial Court. (iv) The petitioner shall not offence of which, he is an acc he is suspected of. (v) The petitioner shall n induce, threaten or promise to facts of the case so as to dissu 6- commenting further on the merits taking into consideration the fact th 27.9.2025, investigations are comple near future is quite remote (as non examined), this Court is of the opinio uld not only be violative of his righ of India, including right to speedy tri ciple of “Bail is a general rule an held by Hon’ble Supreme Court esh and another, 2018(2) R.C.R s granted the concession of bail subje o local sureties to the satisfaction o oncerned. The petitioner shall abide b not tamper with the evidence durin ill not pressurize/ intimidate th ll surrender his passport before th all not leave the country without prio urt. l not commit an offence similar to th accused, or for commission of whic ll not directly or indirectly coerc ise to any person acquainted with th dissuade him/her from disclosing suc erits of that omplete none opinion is rights edy trial e and ourt in R.C.R. subject ction of bide by during e the re the t prior to the which oerce, ith the uch GURBACHAN SINGH 2026.03.30 09:19 I attest to the accuracy and integrity of this document CRM-M- 9. that in case at liberty t order. 10. herein are l construed a independen 27.03.2026 gbs -9137-2026 -7 facts to the Court or to any evidence in any manner. (vi) The petitioner shall not (vii) The petitioner shall f number to the Trial Court fo same till the conclusion of the the petitioner seeks to chang shall be done only with prio Court, stating the reason for th (viii) The petitioner will appe and every date fixed, unless i Court. (ix) The trial Court/Duty M condition, as deemed app petitioner. Accordingly, the present petiti in case there is any breach of the afore erty to seek cancellation of bail as In view of the above, it is cla n are limited for the purpose of prese trued as an opinion on the merits of the endently of the aforesaid observations .2026 Whether Speaking/reasoned Whether Reportable 7- any police officer or tamper with th not in any manner misuse his liberty ll furnish his address and mobi rt forthwith and shall not change th f the trial and in case for any reaso ange any of the aforesaid, the sam prior intimation to the learned Tri for the same. appear before the trial Court on eac ess is exempted by a specific order ty Magistrate may impose any oth appropriate while releasing th t petition is allowed and it is made cle e aforesaid conditions, the State shall b ail as granted to the petitioner by th t is clarified that the observations mad f present proceedings and would not b s of the case and the trial would procee ations. (AARADHNA SAWHNEY) JUDGE : Yes/No : Yes/No ith the berty. obile ge the eason, same Trial n each der of other g the de clear shall be by this ns made d not be proceed NEY) GURBACHAN SINGH 2026.03.30 09:19 I attest to the accuracy and integrity of this document