Balwinder Singh @ Billi v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24993 of 2025 (O&M) Date of decision : 21.05.2025 Balwinder Singh @ Billi ... Petitioner

Versus

State of Punjab .. Respondent CORAM : HON'BLE MR. JUSTICE H.S. GREWAL Present:- Mr. Vipina Mahajan, Advocate and Ms. Chandanpreet Kaur Ahluwalia, Advocate for the petitioner.

*** H.S. Grewal, J. (Oral) 1.

This is a petition for regular bail filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in FIR No.01 dated 03.01.2025 under Sections 21 ,21(C) and 29 of NDPS Act, 1985 and Sections 10, 11, 12 of Air Craft Act, 1934 registered at Police Station Kalanaur, District Gurdaspur.

  The case of the prosecution is that 1 kg of heroin was recovered from co-accused Jobanpreet Singh who on his disclosure statement has named Manjot Singh who further during interrogation has disclosed the name of the present petitioner after a period of 02 months. However, at the relevant time, i.e. on 03.01.2025, the present petitioner was lodged in jail in case bearing FIR No.60 dated 19.06.2024 for the offences

 


    , registered at Police Station Kalanaur, District Gurdaspur. 3.

Notice of motion.

-2- 4.

Mr. Gautam Thapar, Sr. DAG, Punjab, accepts notice on behalf of the respondent-State.

5.

Learned counsel for the petitioner contends that the petitioner was arrested in the FIR No.60 dated 19.06.2024 under Sections 21(1), 27-A and 29 of NDPS Act, 1985 and he was arrested on 19.06.2024 and was granted regular bail vide order dated 28.01.2025 but was released from custody on 31.01.2025, therefore, the petitioner could not have been involved in supplying the contraband during the said period. He further contends that the petitioner has undergone custody for a period of 02 months and 02 days. 6.

Learned counsel for the State vehemently opposes the grant of concession of regular bail by way of filing of custody certificate dated 20.05.2025 and further states that the petitioner is involved in 06 other cases, however, he is on bail in all those cases.

7.

I have heard learned counsel for the parties and have gone through the material placed on record.

8.

Keeping in view the facts and circumstances of the present case, and the fact that custody period undergone by the petitioner in the present case is 02 months and 02 days, therefore, no useful purpose would be served to further detain the petitioner in jail and since the conclusion of the trial is likely to take a long time and as such, further incarceration of the petitioner would not serve the ends of justice. Therefore, this Court deems it a fit case to grant the concession of regular bail to the petitioner. 9.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is granted concession of regular bail in the present case, on his furnishing requisite bonds to the

-3satisfaction of the trial Court/Duty Magistrate/ Chief Judicial Magistrate concerned. The pending applications, if any, also stand disposed of. 10.

It is however, made clear that in case during his bail, the petitioner indulges in any offence, the State shall be at liberty to file an application for cancellation of bail of the petitioner.

21st May, 2025 (H.S. GREWAL) JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No