High Court of Punjab and HaryanaCRM-M/36001/2025disposed of

Sukhwinder Singh @ Sukha v. State Of Punjab

2025-07-11Mrs. Justice Sukhvinder Kaur3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.107 Case No. : CRM-M-36001-2025 (O&M) Decided On : July 11, 2025 Sukhwinder Singh @ Sukha ....

Petitioner vs.

State of Punjab ....

Respondent CORAM :

HON'BLE MRS. JUSTICE SUKHVINDER KAUR.

* * * Present :

Mr. Rakesh Kumar Kachura, Advocate for the petitioner.

Ms. Gagandeep Kaur, DAG, Punjab.

* * * SUKHVINDER KAUR , J.

CRM-26020-2025 :

This is application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for placing on record the card of Bhog and Antim Ardas and Panchayatnama dated 07.07.2025 regarding death of brother of the petitioner as Annexures A-2 and A-4 respectively. For the reasons stated in the application, the same is allowed and aforesaid documents are taken on record as Annexures A-2 and A-4. The application stands disposed of.

Main Case :

Through the present petition filed under Section 483 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the petitioner has approached this Court seeking relief of interim bail for 10 days in FIR No.196, dated 17.12.2024, under Sections 21, 25 (Section 29

added later on) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as - NDPS Act), registered at Police Station Sadar, Jagraon, District Ludhiana, for attending Bhog and Antim Ardaas of his younger brother, who has unfortunately expired on 04.07.2025. Brief facts of the case are that the petitioner along with his co-accused was apprehended on 17.12.2024 and from their possession, 304 grams of heroin and one motor cycle were recovered. Presently, the petitioner is lodged in judicial custody at Central Jail, Ludhiana. The petitioner is elder brother of his parents. His younger brother namely Happy Singh, aged about 16 years, died suddenly on 04.07.2025. The petitioner has approached this Court through the present petition seeking interim bail for 10 days for attending Bhog and Antim Ardaas of his younger brother, which is scheduled to be held on 13.07.2025.

While issuing notice of motion on 09.07.2025, learned State counsel was directed to verify the aforesaid facts and file Status Report. Status Report on behalf of respondent-State has been filed today in Court, which is taken on record. Learned State counsel very fairly admitted all the aforesaid facts regarding death of petitioner's younger brother, Bhog and Antim Ardaas to be held on 13.07.2025. Keeping in view the peculiar circumstances of the case, this Court is of the view that no ground is made out to release the petitioner for a long time. However, as far as his prayer for attending Bhog and Antim Ardaas of his brother is concerned, it is directed that on 13.07.2025, the petitioner be taken to the venue of Bhog and Antim Ardaas in safe and proper custody and be brought back to the jail after attending the Bhog

ceremony of his younger brother.

A copy of this order be sent to the authorities concerned for the necessary compliance. The expenses for the vehicle etc. shall be borne by the petitioner.

The present petition stands disposed of in the aforesaid terms. July 11, 2025 (SUKHVINDER KAUR) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.