Dharminder Singh v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 28.07.2025 Dharminder Singh . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Ms. Suman Kumari, Advocate for Mr. Vikram Kumar, Advocate, for the petitioner(s). Mr. Manjinder S. Bhullar, DAG, Punjab.

**** SANJAY VASHISTH, J. (Oral) 1.

The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner(s) FIR No.

Date Section(s) Police Station District Dharminder Singh 143 06.09.2017 22/61/85 of NDPS City Malout Sri Muktsar Act, 1985 2.

Petitioner - Dharminder Singh, was initially granted bail, however, due to his absence during the course of hearing, his bail was cancelled by the trial Court on 08.08.2023.

Learned State counsel informs that the petitioner thereafter surrendered before the trial Court on 08.02.2024 and since then, he has remained in custody, facing allegations regarding recovery of 850 tablets of Alprazolam, which falls under the category of 'commercial quantity'. 3.

Learned counsel for the petitioner submits that after voluntarily surrendering and remaining in custody for the last about 01 year and 05

- 2 - months, and in view of the fact that the trial has not concluded, petitioner is entitled to be considered for the grant of regular bail. 4.

On a specific query put by the Court, learned State counsel submits, on the basis of instructions received, that the petitioner is not found involved in any other similar activity or in any other criminal case of any nature, except the present one. Regarding the status of trial, it is informed that out of a total of 24 prosecution witnesses, only 5/6 witnesses have been examined so far, and the remaining are yet to be examined. Thus, the trial has not even reached its halfway stage.

5.

Taking into consideration the facts that petitioner - Dharminder Singh, aged about 35 years, is not stated to be involved in any other criminal case, and out of 24 prosecution witnesses, only 5/6 have been examined till date, and despite most being official witnesses, and that the petitioner has undergone incarceration for a period of more than 01 year and 05 months after surrendering before the trial Court, I deem it appropriate to consider the petitioner's plea for grant of regular bail.

6.

Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 7.

Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

8.

The observation made here-in-above shall not be construed as an expression of opinion on the facts of the case and the Trial Court is expected to decide the case on the basis of complete evidence available on record.

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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 be cancelled.

10.

Petition stands disposed of.

(SANJAY VASHISTH) JUDGE July 28, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No