Jodhbir Singh Alias Jodha v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.242 Case No. : CRM-M-37294-2025 Decided On : September 25, 2025 Jodhbir Singh @ Jodha ....
Petitioner vs.
State of Punjab ....
Respondent CORAM :
HON'BLE MRS. JUSTICE SUKHVINDER KAUR.
* * * Present :
Mr. Veneet Sharma, Advocate for the petitioner.
Mr. Navdeep Singh, DAG, Punjab.
* * * SUKHVINDER KAUR , J.
:
Prayer in the present petition, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is for grant of regular bail to the petitioner, in case FIR No.03 dated 03.01.2024, under Sections 21-B, 21-C, 27-A, 29/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as - NDPS Act), registered at Police Station Chheharta, Amritsar City, District Amritsar. Briefly, the case of the prosecution is that on 03.01.2024, during routine patrolling, the police party noticed one clean shaven young person along with a woman but on seeing the police party, that young person ran away, leaving behind the lady alone. She was also about to escape and about to throw a polythene bag, which she was carrying but was nabbed by the lady constables. On inquiry, she disclosed her name as Ranjit Kaur and
also told that the young person, who escaped, was his son namely Jodhbir Singh @ Jodha (the present petitioner). On search of the polythene bag, it was found to contain 100 grams heroin. Accordingly, FIR in hand was registered against Ranjit Kaur and her son Jodhbir Singh @ Jodha (present petitioner).
Learned counsel for petitioner contended that the petitioner has been falsely involved in the present case. He was not arrested from the spot and no recovery had been effected from him. His name allegedly surfaced on the basis of disclosure statement of Ranjit Kaur and he was arrested on 30.04.2024. He has further submitted that the main accused i.e. Ranjit Kaur, from whom recovery of heroin was effected, had already been released on bail vide order dated 01.05.2025, passed by a Co-ordinate Bench of this Court. He further urged that trial of the case is likely to take time. Therefore, the petitioner be granted concession of regular bail. Learned State counsel opposed the present bail petition while contending that the petitioner is a habitual offender and involved in two other FIRs under the NDPS Act. The petitioner was indulging in trafficking of heroin with his mother - co-accused Ranjit Kaur and he does not deserve the concession of bail.
I have heard the learned counsel for the parties and have also gone through the case file.
In the instant case, 100 grams of heroin was recovered from conscious possession of co-accused Ranjit Kaur, who revealed identity of the petitioner. Later on, as per the disclosure statement of co-accused Ranjit Kaur, the police got recovered 200 grams of heroin along with drug money
of Rs.5,000/-. Learned counsel for the petitioner submitted that co-accused Ranjit Kaur, who is the main accused, had already been granted concession of bail vide order dated 01.05.2025, passed by a Co-ordinate Bench of this Court in CRM-M-10939-2025.
As per the Custody Certificate dated 26.08.2025, which has been placed on record, the petitioner has already undergone custody of 01 year, 03 months and 23 days. The trial of the case is going on, conclusion whereof is likely to take considerable time. No useful purpose would be served by further detaining the petitioner behind the bars. Accordingly, the present petition is allowed and the petitioner is ordered to be admitted on regular bail, on furnishing adequate bail bonds and surety bonds, to the satisfaction of concerned learned Trial Judge/Chief Judicial Magistrate/Duty Magistrate.
However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail petition. Pending application(s), if any, shall stand disposed of along with the present petition.
September 25, 2025 (SUKHVINDER KAUR) monika JUDGE Whether speaking/reasoned ?
Yes/No.
Whether reportable ?
Yes/No.