Lovepreet Singh Alias Love v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision : November 22, 2024 LOVEPREET SINGH ALIAS LOVE -PETITIONER V/S STATE OF PUNJAB -RESPONDENT

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Amit Arora, Advocate (Through V.C.) for the petitioner.

Mr. Pardeep Bajaj, D.A.G., Punjab.

*** KULDEEP TIWARI, J. (ORAL) 1.

This is the third petition cast under Section 439 of the Cr.P.C., wherethrough, the petitioner prays for grant of interim regular bail for a period of one month, thereby enabling him to perform his marriage, which is scheduled for 26.11.2024.

2.

Consequent upon 03 kgs 500 grams of heroin becoming recovered from petitioner's co-accused Niranjan Singh, FIR No.49 dated 16.11.2023, under Section(s) 21/25/29 of the N.D.P.S. Act (Section 25 of the Arms Act, and, Section 201 of the IPC added subsequently), was registered at P.S. State Special Operations Cell, Amritsar, District Intelligence Wing (CID). The petitioner has been arrayed an accused in the present FIR, on the basis of disclosure made by his co-accused Gurpreet Singh @ Billa. Resultantly, the petitioner was arrested in the present FIR in November 2023.

3.

It would be apt to record here that, the petitioner is stated to

be involved in two more FIRs registered under the N.D.P.S. Act, however, his counsel claims that he has been granted the concession of bail therein.

4.

In his beseeching the relief of interim regular bail for the petitioner, his counsel submits that, prior to petitioner's arrest in the present FIR, his engagement was already solemnized with one Harneet Kaur. However, since the petitioner has been in custody for almost a year, therefore, now there is constant pressure upon the petitioner's family, from the bride's family, to solemnize marriage. Consequently, the marriage of the petitioner with Harneet Kaur is now fixed for 26.11.2024 at Village Morde Khurd, Tehsil Ajnala, District Amritsar. 5.

To substantiate his claim regarding marriage of the petitioner, the learned counsel for the petitioner has enclosed a Panchayatnama issued by the officer bearers of the Gram Panchayat concerned, thus affirming the factum of petitioner's marriage, as Annexure P-4. Moreover, he also enclosed the marriage invitation card of the petitioner as Annexure P-5.

6.

This Court had, on 19.11.2024, directed the learned State counsel to, after verifying the factum regarding petitioner's marriage, file reply to the instant petition. Accordingly, the learned State counsel has filed a short reply dated 21.11.2024, on affidavit of Balbir Singh, PPS, Deputy Superintendent of Police, Counter Intelligence, Amritsar, which is taken on record.

7.

The short reply, in its paragraph No.15, encompasses an

affirmative response to the schedule of petitioner's marriage. However, the learned State counsel submits that, taking into account the criminal antecedents of the petitioner, he may be granted the asked for relief, but, subject to his furnishing heavy bail/surety bonds. 8.

In view of the peculiar facts and circumstances narrated hereinabove, coupled with the substantiation lent thereto by the respondent-State in its short reply, this Court deems it appropriate to grant interim regular bail to the petitioner for six days. Therefore, the instant petition is allowed in the above terms. The petitioner is ordered to be released from the prison concerned, by the Superintendent of the prison concerned, but, subject to his furnishing heavy surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. The period of interim bail shall commence from 23.11.2024 and shall last upto 28.11.2024. On expiry of the above term, the petitioner shall forthwith re-step into the prison concerned and if he does not do so, thereupon the SHO of the jurisdictional police station concerned shall forthwith arrest the petitioner and thereafter, shall produce him before the learned Court concerned. (KULDEEP TIWARI) November 22, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No