Balwinder Singh @ Binder v. State Of Punjab
231+234+238+241
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of decision: 12.01.2026 1.
BALWINDER SINGH @ BINDER ...PETITIONER V/S STATE OF PUNJAB ...RESPONDENT 2.
CRM-M-62446-2025 PRATHAM SHARMA ...PETITIONER V/S STATE OF PUNJAB ...RESPONDENT 3.
CRM-M-63618-2025 LOVEPREET SINGH ALIAS LOVEJEET SINGH ALIAS LABHA ALIAS SONU ...PETITIONER V/S STATE OF PUNJAB ...RESPONDENT 4.
CRM-M-64454-2025 DEEPAK SINGH ALIAS DEEP ...PETITIONER V/S STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA
Present:
Mr. Amit Arora, Advocate for the petitioner (in CRM-M-60485-2025).
Mr. Joginder Pal Ratra, Advocate and Mr. Aman Pratap Singh, Advocate for the petitioner (in CRM-M-62446-2025).
Mr. Yajur Sharma, Advocate for the petitioner (in CRM-M-63618-2025).
Mr. Raghav Soni, Advocate for the petitioner (in CRM-M-64454-2025).
Mr. Surinderjit Singh Nahar, AAG, Punjab.
**** SUBHAS MEHLA, J. (ORAL) 1.
This order shall dispose of the above-mentioned four petitions arising out of the same FIR. For the sake of brevity, facts are borrowed from CRM-M-60485-2025 titled as Balwinder Singh @ Binder vs. State of Punjab. 2.
By way of the present petitions, the petitioners are seeking regular bail in case FIR No.0166 dated 27.08.2025 registered under Sections 21(b), 27(a) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') at Police Station Chheharta, District Amritsar. 3.
Learned counsel for the petitioners contended that petitioners have been falsely implicated in the present cases. No recovery has been effected from petitioners Balwinder Singh @ Binder and Deepak Singh @ Deep. However, it is alleged that 100 grams of heroin along with drug money of Rs.50,000/- was recovered from petitioner-Pratham Sharma, 200 grams of heroin along with drug money of Rs.2400/- was recovered from the joint possession of petitioner-Lovepreet Singh @ Labha and co-accused Shamsher Singh @ Shera. He further contended that the alleged recovery from both the petitioners, namely Pratham Sharma and Lovepreet Singh @ Labha falls within the category of intermediate quantity. Petitioner-Balwinder Singh @ Binder is in custody since 30.08.2025, petitioner-Pratham Sharma is in custody since 28.08.2025, petitioner-Lovepreet Singh @ Labha is in custody since 27.08.2025 and petitioner-Deepak Singh @ Deep is in custody since 29.08.2025; all the petitioners are having clear and clean antecedents as they are not involved in any other case; trial of the case will take sufficient time to
conclude and no fruitful purpose would be served by keeping the petitioners behind the bars. As such, the petitioners deserve to be granted the concession of regular bail.
4.
Learned State counsel has vehemently opposed the prayer for grant of regular bail to the petitioners, submitting that recoveries of contraband and drug money have been effected in the present cases. It is contended that 100 grams of heroin along with drug money of Rs.50,000/- was recovered from petitioner-Pratham Sharma, whereas 200 grams of heroin along with drug money of Rs.2,400/- was recovered from the joint possession of petitioner-Lovepreet Singh @ Labha and co-accused Shamsher Singh @ Shera. Learned State counsel further submits that although no recovery has been effected from petitioners Deepak Singh @ Deep and Balwinder Singh @ Binder, all the petitioners are alleged to be involved in the commission of the offence. However, he does not dispute the fact that neither the alleged recoveries fall within the category of commercial quantity, nor does he dispute that the petitioners are involved in any other criminal case. Learned State counsel further submits that the petitioners do not deserve the concession of regular bail and prays for dismissal of the present petitions. 5.
Heard.
6.
Keeping in view the facts and circumstances of the present cases and the fact that petitioner-Balwinder Singh @ Binder is in custody since 30.08.2025, petitioner-Pratham Sharma is in custody since 28.08.2025, petitioner-Lovepreet Singh @ Labha is in custody since 27.08.2025 and petitioner-Deepak Singh @ Deep is in custody since 29.08.2025; all the
petitioners are having clear and clean antecedents as they are not involved in any other case except the present one; investigation already completed, trial of the case will take sufficient time to conclude and no fruitful purpose would be served by keeping them in custody for any further period, prosecution witnesses are police officials, no apprehension to tamper with prosecution evidence as concession of bail cannot be denied just as a measure of punishment as culpability of accused is to be decided after appreciating evidence adduced by both parties and it is a trite principle of criminal jurisprudence that bail is rule, jail is an exception, this Court deems it a fit case to grant the concession of regular bail to the petitioners. 7.
Therefore, without expressing any opinion on the merits of the case, the petitions are allowed. The petitioners are ordered to be released on regular bail on their furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. 8.
A photocopy of this order be placed on the file of other connected cases.
(SUBHAS MEHLA) January 12, 2026 JUDGE Kusum (i) Whether speaking/reasoned Yes/No (ii) Whether reportable Yes/No