Jaspinder Singh v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 12.05.2025 JASPINDER SINGH ...PETITIONER

VERSUS

STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. J.S.Thakur, Advocate (through video conferencing) for the petitioner.

Mr. Sukhwinder Singh Rai, DAG, Punjab.

**** ANOOP CHITKARA, J. (ORAL) FIR No.

Dated Police Station Sections 03.07.2024 Civil Lines Batala, 105 of BNS, 2023 and District Batala Sections 21/29 of NDPS Act, 1.

The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

2.

In paragraph 15 of the bail petition and reply, the accused declares that he has no criminal antecedents.

3.

The facts and allegations are taken from the reply filed by the State. The petitioner administered some drugs to Sehajpreet Singh after purchasing the same from Baldeep Kumar and when Baldeep Kumar was arrested, 10 grams of heroin was also recovered from his possession. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973.

4.

The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and his family.

5.

The State's counsel opposes bail and refers to the reply. 6.

It would be appropriate to refer to the following portions of the reply, which read as follows:

"xxx xxx xxx xxx As per the allegations against the petitioner, he administered some drugs to the deceased after purchasing the same from Baldeep Kumar and when

-2Baldeep Kumar was arrested, 10 Grams of Heroin was also recovered from his possession."

REASONING:

7.

Given the quantity of drug, the rigors of S. 37 of the NDPS Act do not apply in the present case. Moreover, heroin 10 grams were recovered from the co-accused. 8.

Allegations against the petitioner are that he administered some drug to deceased, however, no motive is given for such act; which shows that the deceased was a drug dependent and petitioner was also his companion. The pre-trial incarceration should not be a replica of post-conviction sentencing.There is sufficient primafacie evidence connecting the petitioner with the alleged crime. However, The petitioner has been in custody since 03.07.2024. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations, and the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage. 9.

Without commenting on the case's merits, in the facts and circumstances peculiar to this case, nature of allegations and for the reasons mentioned above, the petitioner makes a case for bail.

CONDITIONS:

10.

Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 11.

While furnishing a personal bond, the petitioner shall mention the following personal identification details:

1.

AADHAR number 2.

Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk.

3.

Mobile number (If available) 4.

E-Mail id (If available) 12.

This order is subject to the petitioner's complying with the following terms. 13.

The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 14.

This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State may file an application for cancellation of this bail before the Sessions Court, which shall have the liberty to cancel this bail.

-315.

Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 16.

A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

17.

Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of.

12.05.2025 (ANOOP CHITKARA) renubala JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No