Nishan Singh v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (209) Date of Decision:30.06.2026 NISHAN SINGH ... Petitioner

Versus

STATE OF PUNJAB ... Respondent -.-

CORAM:

HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. Abhaysher Singh, Advocate for the petitioner.

Mr. I.S Kingra, Sr. DAG, Punjab.

-.- VIRINDER AGGARWAL , J . (Oral) 1.

The present petition constitutes the third petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the grant of interim regular bail to the petitioner for a period of six weeks in connection with FIR No. 9 dated 21.01.2023, registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 25 of the Arms Act, 1959, at Police Station Mamdot, District Ferozepur, Punjab (Annexure P-1).

1.1.

The petitioner seeks the aforesaid concession of interim regular bail on the ground that his wife is required to undergo a surgical procedure and is in urgent need of his personal care, assistance, and support during the period of her treatment and post-operative recovery. It is further pleaded that the petitioner is required to make necessary

-:2:- arrangements and provide requisite assistance to his family members to facilitate the best possible medical care and treatment for his wife. It is, therefore, prayed that, in the interest of justice, the petitioner be enlarged on interim regular bail for a period of six weeks. 2.

Learned State counsel has produced the custody certificate of the petitioner, Nishan Singh, in Court today. The same is taken on record, subject to all just exceptions.

2.1.

On 22.06.2026, learned State counsel filed a short reply by way of an affidavit sworn by Mr. Karan Sharma, PPS, Deputy Superintendent of Police (Rural), Ferozepur, District Ferozepur, on behalf of the respondent-State. In the said affidavit, it has been duly verified that the wife of the petitioner, namely Geetanjali, is suffering from a spinal ailment and is required to undergo a surgical procedure. It has further been verified that there is no other responsible family member available to look after her during the period of her treatment except the petitioner, Nishan Singh.

2.2.

It has further been brought on record that a Panchayatnama, duly executed by the Municipal Councillor, Nagar Panchayat, Mamdot, and the members of the Gram Panchayat, including Sh. Balraj Singh Sandhu, Chairman, Market Committee, Mamdot, has also been placed on record as Annexure R-4/T. In the said Panchayatnama, the signatories have unequivocally undertaken the responsibility of ensuring that the petitioner, Nishan Singh, shall surrender before the concerned jail authorities immediately upon the expiry of the period of parole/interim bail, if granted by this Court. The said Panchayatnama is reproduced hereunder:-

-:3:- "We, the following respected persons, residents of SahanKe, Mamdot Hithar, Tehsil, District Ferozepur, certify that the convict Nissan Singh, son of late Harjit Singh, SahanKe, Mamdot, Hithar, Police Station Mamdot, District Ferozepur, is currently a convict in the Central Jail, Ferozepur. The father of the convict Nissan Singh has died and he has no brother, and the mother is old and ill and there is no responsible person in the house, and the wife of the convict Nishan Singh, Geetanjali, who is to undergo an operation due to a disease of the spine, and therefore it is very important for the said convict to be present during the operation. The convict Nissan Singh is strongly recommended for maximum parole leave and the entire responsibility of coming to the jail on leave and returning to the jail will be the responsibility of the following persons. Therefore, the Panchayat Nama has been written. Date: 31-05-2026"

3.

Having regard to the facts and circumstances of the case, particularly the medical condition of the petitioner's wife, the verification furnished by the respondent-State, and the undertaking contained in the Panchayatnama placed on record, this Court is of the considered opinion that the petitioner has made out a case for the grant of interim regular bail. Consequently, the present petition is allowed, and the petitioner, Nishan Singh, is ordered to be released on interim regular bail for a period of one month, subject to his furnishing requisite bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate concerned/Illaqa Magistrate/Duty Magistrate, as the case may be, along with a Fixed Deposit Receipt (FDR) in the sum of 1,00,000/-, to the satisfaction of the ₹ said Court.

3.1.

It is clarified that the period of one month of interim regular bail shall commence from the date on which the petitioner completes the

-:4:- aforesaid formalities and is actually released from custody. The petitioner shall mandatorily surrender before the Superintendent of the concerned Jail immediately upon the expiry of the said period, i.e., on the 30th day from the date of his release on interim bail, without awaiting any further orders from this Court.

4.

In view of the fact that the principal matter stands finally adjudicated, all pending miscellaneous applications, if any, arising out of or ancillary to the present proceedings, shall also stand disposed of accordingly. No separate or further orders are required to be passed in respect thereof.

( VIRINDER AGGARWAL) 30.06.2026 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No