The High Court
Case Details
CRM-M-32879 32879-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA 218 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH JASS STATE OF HARYANA STATE OF HARYANA CRM- -M-32879-2025 Date of Decision: 11.11.2025 Date of Decision: …Petitioner Versus …Respondent
Legal Reasoning
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present:- Advocate Mr. Kuldeep Singh Siwach, Advocate for the petitioner. Pawan Kumar Jhanda, Sr. DAG, Haryana. Mr. Pawan Kumar Jhanda, Sr. DAG, Haryana. SANJAY VASHISTH SANJAY VASHISTH, J.(Oral) 1. The instant second petition has been filed petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been bail to the petitioner, during the pendency of trial, who has been bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as booked in a criminal case arising out of First Information Report, as booked in a criminal case arising out of First Information Report, as detailed hereunder:- detailed hereunder: Name of oner(s) Petitioner(s) FIR No. Date Section(s) Police Section(s) Station District JASS 64 17.02.201 8 Sadar Fatehabad Fatehabad A 21-B, 27-A (Act of No.61) of NDPS HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document CRM-M-32879 32879-2025 -2- 2. Learned counsel for the petitioner contends that FIR in Learned counsel for the petitioner contends that FIR in the present case was registered against the petitioner for possessing 30 the present case was registered against the petitioner the present case was registered against the petitioner Heroine. From the possession of other co-accused namely, Heroine. From the possession of other co grams of Heroine. From the possession of other co Sukhwinder Singh @ Bitu, Shankar and Rakesh, 25 grams, 20 grams Sukhwinder Singh @ Bitu, Shankar and Rakesh Sukhwinder Singh @ Bitu, Shankar and Rakesh and 30 grams of Heroine respectively was also recovered. and 30 grams of Heroine respectively was also recovered. and 30 grams of Heroine respectively was also recovered. petitioner was released on bail vide order dated Initially, petitioner was released on bail vide order dated 31.03.2018 by the Court of Sessions. However, on account of 31.03.2018 by the Court of Sessions. However, on account of 31.03.2018 by the Court of Sessions. However, on account of absenting from the proceedings, the said concession of bail was absenting from the proceedings, the said concession of bail was absenting from the proceedings, the said concession of bail was cancelled on 03.09.2019. After on 03.09.2019. After a period of 05 years period of 05 years, petitioner was again arrested on 28.08.2024 and since then petitioner is inside jail. again arrested on 28.08.2024 and since then petitioner is inside jail. again arrested on 28.08.2024 and since then petitioner is inside jail. During the period he was absconding, two more cases under the During the period he was absconding, two more case During the period he was absconding, two more case NDPS Act were registered against the petitioner. NDPS Act were registered against the petitioner. NDPS Act were registered against the petitioner. However, the star argument of the counsel is that looking However, the star argument of the counsel is that looking at the recovery of 30 grams of Heroin and petitioner having suffered at the recovery of 30 grams of Heroin and petitioner having suffered at the recovery of 30 grams of Heroin and petitioner having suffered jail for about 01 year, 03 total incarceration period of custody in jail for about 01 year, 03 total incarceration months and 25 days, deserves the concession of bail months and 25 days deserves the concession of bail. Moreover trial is likely to take considerable time as out of total 21 prosecution likely to take considerable time as out of total 21 prosecution likely to take considerable time as out of total 21 prosecution witnesses, only two only two have been examined till date have been examined till date. Therefore prays for bail. 3. n response to the arguments addressed by learned In response to the arguments addressed by learned counsel for the petitioner, learned State counsel, produces the custody counsel for the petitioner, learned State counse counsel for the petitioner, learned State counse certificate dated 10.11.2025 in Court today, which is taken on record. certificate dated 10.11.2025 in Court today, which is taken on record. certificate dated 10.11.2025 in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been Office to tag the same at appropriate place. A copy thereof has been Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner. handed over to the counsel for the petitioner. HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document CRM-M-32879 32879-2025 -3- As per the custody certificate, in the present case, As per the custody certificate, in the pre petitioner has already undergone custody period of about 01 year petitioner has already undergone custody period of about 01 year 03 months and 25 days inside jail. months and 25 days inside jail. 4. In view of the circumstances, having noticed hereabove, In view of the circumstances, having noticed hereabove, petitioner is once again given chance to rehabilitate himself to petitioner is once again given chance to rehabilitate himself to petitioner is once again given chance to rehabilitate himself to establish in the no rmal course of life with the other persons in the in the normal course of life with the other persons in the Therefore, this Court deems it appropriate to grant the society. Therefore, this Court deems it appropriate to grant the Therefore, this Court deems it appropriate to grant the concession of bail to the petitioner in the present case. concession of bail to the petitioner in the present case. concession of bail to the petitioner in the present case. prayer made in the present petition is Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his etitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial furnishing bail/surety bonds to the satisfaction of the learned trial furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. concerned, if not required in any other case. 5. that the petitioner shall not extend Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any any threat and shall not influence any prosecution witness in any any threat and shall not influence any prosecution witness in any manner directly or indirectly. manner directly or indirectly. 6. Any of the discussion done and recorded here above, Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the shall not be construed as an expression of opinion on the facts shall not be construed as an expression of opinion on the facts case. Therefore, trial Court is expected to decide the case by taking an case. Therefore, trial Court is expected to decide the case by taking an case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as independent view, on the basis of evidence available on record, as independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. expeditiously as possible, in accordance with law. expeditiously as possible, in accordance with law. 7. It is further made clear that if, in future, petitioner is It is further made clear that if, in future, petitione directly found indulged in similar kind of activities, this order shall be directly found indulged in similar kind of activities, this order shall be directly found indulged in similar kind of activities, this order shall be deemed to be cancelled. deemed to be cancelled. HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document CRM-M-32879 32879-2025 -4- 8.
Decision
Petition stands disposed of. Petition stands disposed of. (SANJAY VASHISTH) JUDGE 11.11.2025 himanshu Whether reasoned/speaking: Yes/No Whether reportable: Yes/No HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document