Sorab v. Punjab State of Punjab
Case Details
CRM-M- -42135 of 2025 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH 220 of 2025 CRM-M-42135 08.08.2025 Decided on : 08.08.2025 Sourabh Kumar @ Sorab Sourabh Kumar @ Sorab ......Petitioner Versus Punjab State of Punjab ......Respondent
Legal Reasoning
HON'BLE MR. JUSTICE SANJAY VASHISTH CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH CORAM: Present: Mr. Gagandeep Behla, Advocate Gagandeep Behla, Advocate, Mr. R.S. Dhillon, Advocate, for Mr. R.S. Dhillon, Advocate the petitioner. Punjab. Mr. B.P. Singh, AAG, Punjab **** SANJAY VASHISTH, J. SANJAY VASHISTH, J. 1. under Present petition has been filed by the petitioner under Present petition has been filed by the petitioner seeking regular Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), seeking regular Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), bail, in case, FIR No.24 dated 23.03.2025, under Sections 21 and 29 of bail, in case, FIR No.24 dated 23.03.2025, under Sections 21 and 29 of bail, in case, FIR No.24 dated 23.03.2025, under Sections 21 and 29 of bail, in case, FIR No.24 dated 23.03.2025, under Sections 21 and 29 of NDPS Act, registered at Police Station Tapa, District Barnala. NDPS Act, registered at Police Station Tapa, District Ba NDPS Act, registered at Police Station Tapa, District Ba 2. ase of the Counsel for the petitioner contends that case of the Counsel for the petitioner contends that c prosecution is that there was a secret information with the Police prosecution is that there was a secret information with the Police prosecution is that there was a secret information with the Police prosecution is that there was a secret information with the Police Mandeep Singh @ Babbu used to buy Patrolling Party that main accused-Mandeep Singh @ Babbu used to buy Mandeep Singh @ Babbu used to buy Patrolling Party that main accused @ Sorab narcotic substances (heroin) at cheap rates from Sourabh Kumar @ Sorab narcotic substances (heroin) at cheap rates from Sourabh narcotic substances (heroin) at cheap rates from Sourabh (petitioner herein). (petitioner herein). Mandeep Singh @ Babbu As per secret informant, accused-Mandeep Singh @ Babbu As per secret informant, accused , was seen riding a vehicle bearing Registration No. HR-51-AR-1376, was seen riding a vehicle bearing Registration No. HR was seen riding a vehicle bearing Registration No. HR Swift Dzire and if same is checked, said accused may be arrested. make Swift Dzire and if same is checked, said accused may be arrested. Swift Dzire and if same is checked, said accused may be arrested. SUMIT SINGH GUSAIN 2025.08.08 19:38 I attest to the accuracy and integrity of this document CRM-M- -42135 of 2025 [2] 3. Counsel for the petitioner argues that after affecting arrest of tioner argues that after affecting arrest of the said accused accused – Mandeep Singh @ Babbu, police allegedly recovered Singh @ Babbu, police allegedly recovered 50 grams of heroin from the car and petitioner was arrested 50 grams of heroin subsequently and petitioner was arrested subsequently on 13.05.2025 2025, though, nothing was recovered from the possession of t he though, nothing was recovered from the possession of the petitioner. petitioner. Moreover, he is stated to have been inside the jail, since Moreover, he is stated to have been inside the jail, since Moreover, he is stated to have been inside the jail, since 13.05.2025. Thus, learned counsel for the petitioner prays for grant of 13.05.2025. Thus, learned counsel for the petitioner prays for grant of 13.05.2025. Thus, learned counsel for the petitioner prays for grant of 13.05.2025. Thus, learned counsel for the petitioner prays for grant of regular bail to the petitioner in the present case. regular bail to the petitioner in the present case. regular bail to the petitioner in the present case. 4. puts On advance notice, Mr. Amish Sharma, AAG, Haryana, puts On advance notice, Mr. Amish Sharma, AAG, Haryana, produces custody an appearance on behalf of the respondent/State, and produces custody an appearance on behalf of the respondent/State, and an appearance on behalf of the respondent/State, and in Court today, which is taken on record. certificate dated 07.08.2025 in Court today, which is taken on record. in Court today, which is taken on record. certificate dated 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 Office to tag the same at appropriate place. A copy thereof has been petitioner. handed over to the counsel for the petitioner. handed over to the counsel for the 5. petitioner has already As per the custody certificate, petitioner has already As per the custody certificate, undergone a period of 02 months and 25 undergone are 25 days, inside jail, and there are other cases registered against him, details of which other case , details of which is as under:- Sr. No. Date of case (FIR No., Date of case (FIR No., dated, Section, Police dated, Section, Station, District Station, District 1. 2. FIR No. FIR No. 50/2025 dated 06/05/2025 u/s 22-61-85 06/05/2025 u/s 22 NDPS Act, PS Tapa, NDPS Act, PS Tapa, Barnala Barnala FIR No.117/2025 dated FIR No.117/2025 dated 03/11/2021 u/s 61 of the 03/11/2021 u/s 61 of the Excise Act, PS Tapa, Excise Act, PS Tapa, Barnala Barnala Status of Case Status of Case (Trial pending (Trial pending or concluded or or concluded or yet to yet to commence) commence) Remarks (in (in Remarks jail, Undergone, jail, Undergone, on on Acquitted, Acquitted, bail Pending Pending Yes. Released Released Released 09.01.2023 09.01.2023 on on on probation probation probation on on on SUMIT SINGH GUSAIN 2025.08.08 19:38 I attest to the accuracy and integrity of this document CRM-M- -42135 of 2025 [3] 6. Learned State Counsel is not in a position to counter any of earned State Counsel is not in a position to counter any of , factual submissions made by counsel for the petitioner and rather, factual submissions made by counsel the factual submissions made by counsel , confirms that petitioner has never been convicted in any of the case confirms that petitioner has never been convicted in any of the case, confirms that petitioner has never been convicted in any of the case case, instead of one more case (as indicated hereinabove), but in the said case, instead of one more case (as indicated hereinabove) instead of one more case (as indicated hereinabove) petitioner has already been released on bail. He also confirms the release petitioner has already been released on bail. He also confirms the release petitioner has already been released on bail. He also confirms the release petitioner has already been released on bail. He also confirms the release of the petitioner on probation, in the case of the petitioner on the the case registered against him under the Excise Act. Excise Act. 7. After hearing learned counsel for the parties and perusing After hearing learned counsel for the parties and perusing After hearing learned counsel for the parties and perusing the relevant material on record with their able assistance as well as the the relevant material on record with their able assistance as well as the the relevant material on record with their able assistance as well as the the relevant material on record with their able assistance as well as the custody certificate, and keeping in view the fact that custody ce er is inside and keeping in view the fact that petitioner is inside jail, since 02 months 25 days since 02 months 25 days, and recover ms of and recovery in this case is 50 grams of heroin, that too that too, from the other accused not find any from the other accused, this Court does not find any substantial reason to curtail the personal liberty of the petitioner substantial reason to for any personal liberty of the petitioner for any indefinite period. indefinite 8. Therefore, prayer made in the present petition is . prayer made in the present petition is allowed. Petitioner etitioner is ordered to be released on bail, subject to his furnishing is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief bail/surety bonds to the satisfaction of the learned trial Court/ Chief bail/surety bonds to the satisfaction of the learned trial Court/ Chief bail/surety bonds to the satisfaction of the learned trial Court/ Chief Magistrate concerned, if not Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not Judicial Magistrate/ Illaqa Magistrate/ Duty Judicial Magistrate/ Illaqa Magistrate/ Duty required in any other case. required in any other case. 9. Needless to observe that the petitioner shall not extend any Needless to observe that the petitioner shall not extend any Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner threat and shall not influence any prosecution witness in any manner threat and shall not influence any prosecution witness in any manner threat and shall not influence any prosecution witness in any manner directly or indirectly. directly or indirectly. 10. ded here above, shall Any of the discussion done and recorded here above, shall Any of the discussion done and recor not be construed as an expression of opinion on the facts of the case. not be construed as an expression of opinion on the facts of the case. not be construed as an expression of opinion on the facts of the case. not be construed as an expression of opinion on the facts of the case. SUMIT SINGH GUSAIN 2025.08.08 19:38 I attest to the accuracy and integrity of this document CRM-M- -42135 of 2025 [4] Therefore, trial Court is expected to decide the case by taking an Therefore, trial Court is expected to decide the case by taking an Therefore, trial Court is expected to decide the case by taking an 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 independent view, on the basis of evidence available on record, as accordance with law. expeditiously as possible, in accordance with law. expeditiously as possible, in 11. It is further made clear that if, in future, petitioner is directly It is further made clear that if, in future, petitioner is directly It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to found indulged in similar kind of activities, this order shall be deemed to found indulged in similar kind of activities, this order shall be deemed to found indulged in similar kind of activities, this order shall be deemed to be cancelled. be cancelled. 12.
Decision
Petition stands disposed of. (SANJAY VASHISTH) JUDGE 08.08.2025 08.08.2025 Sumit Gusain Whether Speaking/Reasoned: YES/NO Whether Speaking/Reasoned: YES/NO Whether Reportable: SUMIT SINGH GUSAIN 2025.08.08 19:38 I attest to the accuracy and integrity of this document