Baljinder Singh Alias Sikander Singh Alias Mantri v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-53279-2024 Date of Decision: 24.10.2024 BALJINDER SINGH @ SIKANDER SINGH @ MANTRI

...Petitioner

Vs.

STATE OF PUNJAB

...Respondent

CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present :

Mr. Judgepreet Singh Warring, Advocate for the petitioner.

Mr. M. S. Bajwa, DAG, Punjab.

N.S.SHEKHAWAT , J. (Oral) 1.

The petitioner has filed the instant petition under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 with a prayer to grant a regular bail to the petitioner in case FIR No.06 dated 31.01.2021 registered under Sections 22 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Bhadadur, District Barnala (Annexure P-1).

2.

Learned counsel for the petitioner contends that as per the case setup by the prosecution, Randhir Singh, main accused was arrested by the police on 31.01.2021, who was found carrying 920 intoxicant tablets in his conscious possession. Later on it was found that the tablets contained tramadol and the entire recovery from the co-accused was commercial in nature. Learned counsel further contends that after his arrest, Randhir Singh was granted the

CRM-M-53279-2024
-2concession of bail by this Court on 18.08.2022 (Annexure P-3). Even thereafter, no steps were taken by the police to arrest the petitioner and now all of a sudden, he was arrested on 03.09.2024 and is in custody since then. He further contends that in the present case, investigation is almost complete against him and the main accused has already been granted the concession of bail. He further contends that the petitioner was never involved in any other criminal activity. 3.

On the other hand, learned State counsel has vehemently opposed the prayer made by the learned counsel for the petitioner on the ground that there are serious allegations against the petitioner. However, he admits that there is no any other criminal case ever registered against the petitioner.

4.

I have heard learned counsel for the parties and perused the record.

5.

In the present case no recovery was effected from the petitioner and is in custody since 03.09.2024. Even he was involved in the present case on the basis of the disclosure statement suffered by Randhir Singh, co-accused, who has already been ordered to be released on bail on 18.08.2022 (Annexure P-3). Thus, no purpose will be served by keeping the petitioner behind the bars. 6.

In view of the above, without commenting any further on the merits, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the

CRM-M-53279-2024
-3satisfaction of the learned trial Court/Duty Magistrate/CJM concerned.

24.10.2024 ( N.S.SHEKHAWAT) M.Sikka JUDGE Whether reasoned/speaking :

Yes/No Whether reportable :

Yes/No