Jagdish Singh @ Jagga v. State Of Punjab

In the High Court for the States of Punjab and Haryana at Date of Decision:- 21.05.2026 Jagdish Singh @ Jagga ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUBHAS MEHLA Present:- Mr. Namish Sodhi, Advocate for the petitioner. Mr. Subhash Godara, Addl. A.G., Punjab.

***** SUBHAS MEHLA , J. (Oral) 1.

Present petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case bearing FIR No.37 dated 12.03.2026 (Annexure P-1), under Sections 21(b), 27(a) and 25 of the NDPS Act, 1985, registered at Police Station Division A, Police Commissionerate Amritsar, District Amritsar.

2.

Allegations against the present petitioner are that he was found in conscious possession of 20 grams heroin, which falls within the ambit of 'intermediate quantity'.

3.

Learned counsel for the petitioner prayed for concession of bail to the petitioner on the following grounds:

I. That the petitioner is in custody since 12.03.2026. II. That the alleged recovered contraband i.e 20 grams heroin, falls within the ambit of intermediate quantity.

( 2 ) III. That the case of the present petitioner is on similar footings to that of co-accused, Akashdeep Singh, who has already been granted concession of regular bail vide order dated 15.05.2026 passed by this Court in CRM-M-26497-2026.

IV. The trial will take sufficient time to conclude and no fruitful purpose would be served by keeping the petitioner in custody. 4.

Learned State counsel opposed the present petition on the following grounds:

i.

That the matter is still under investigation. ii.

That the petitioner is involved in one more case of similar nature. However, it is not disputed by learned State counsel that case of the present petitioner is on similar footings to that of co-accused, namely, Akashdeep Singh, who has already been granted concession of regular bail vide order dated 15.05.2026 passed by this Court in CRM-M-26497-2026. 6.

Heard.

7.

Keeping in view the submissions of learned counsel for the parties, facts and circumstances of the case, this Court finds merits in the present petition on the following grounds:

I. Petitioner is in custody since 12.03.2026. II. That alleged contraband recovered i.e 20 grams heroin falls within the ambit of intermediate quantity.

III. Case of the petitioner is on similar footings to that of co-accused, namely, Akashdeep Singh, who has already been granted concession of regular bail vide order dated 15.05.2026 passed by this Court in CRMM-26497-2026.

( 3 ) IV. The trial is likely to take considerable time to conclude. No fruitful purpose would be served by keeping him in custody for any further period.

8.

As concession of bail cannot be denied just as a measure of punishment and it is a trite principle of criminal jurisprudence that bail is a rule, jail is an exception. Hence, 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 ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. ( SUBHAS MEHLA ) 21.05.2026 JUDGE Geeta Whether speaking /reasoned Yes / No Whether Reportable Yes / No