Harpal Singh v. State Of Punjab

CRM-M-69616-2025 - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-69616-2025 Decided on : 09.03.2026 Harpal Singh . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Vikram Satpal Anand, Advocate for the petitioner(s).

Mr. Vinay Malhotra, DAG, Punjab.

**** SANJAY VASHISTH, J. (Oral) 1.

The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed here-under:- Name of Petitioner(s) FIR No.

Date Section(s) Police Station District Harpal Singh 116 06.11.2023 21(C) of NDPS Act, 1985 Valtoha Tarn Taran [S. 29 of NDPS Act, 1985 added vide Rapat No.31, dated 06.11.2023) 2.

Petitioner while was travelling in a Creta car No. HR-21L-0131. Upon seeing the police party, he stopped his car, and came out from it and attempted to flee on foot by carrying one black colored kit bag in his right hand. After falling down, he was apprehended, disclosed his name as Harpal. On making search of the polythene envelop, 610 gms of Heroin was weighed and recovered.

3.

Learned counsel for the petitioner submits that the petitioner has been in custody for more than 02 years and 04 months, i.e., since 06.11.2023. The challan was presented on 24.04.2024 and charges were framed on 30.04.2024; however, out of 09 prosecution witnesses, only 02 witnesses have been examined so far. It is further submitted that even the proceedings for recording of statements of the prosecution witnesses have JAWALA RAM 2026.03.12 15:24 I attest to the accuracy and authenticity of this document

CRM-M-69616-2025 - 2 - not taken place after 28.04.2025, for the reasons best known to the prosecution.

4.

On the other hand, learned State counsel vehemently opposes the prayer for bail and submits that keeping in view the nature of allegations and the recovery effected from the petitioner, which falls within the commercial quantity, the petitioner does not deserve any leniency. 5.

The recovery in the present case is commercial in nature; therefore, considering the stage of the trial as well as the factual aspects of the case, the present petition is disposed of without making any observations on the merits of the case.

However, noticing that the petitioner has already undergone total incarceration for a period of 02 years, 03 months and 26 days inside the jail, learned trial Court is directed to make all endeavours to conclude and decide the trial expeditiously, preferably within a period of six months from today. Failing which, it shall be open for the petitioner to file a fresh petition on the same cause of action by detailing his previous antecedents. Let a copy of this order be forwarded to the learned trial Court for information and compliance.

Misc. application(s), if any, also stand disposed of. (SANJAY VASHISTH) JUDGE March 09, 2026 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2026.03.12 15:24 I attest to the accuracy and authenticity of this document