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2025 Supreme(Online)(P&H) 11576

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PUNEET KUMAR – Appellant
Versus
STATE OF UT CHANDIGARH – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-10559-2025 DECIDED ON: 07.03.2025 PUNEET KUMAR .....PETITIONER VERSUS STATE OF UT CHANDIGARH .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH.

Present: Mr. Shailesh Aggarwal, Advocate, for the petitioner (through VC mode).

Mr. Manish Bansal, PP, UT, Chandigarh.

SANJAY VASHISTH, J (ORAL)

1. On 03.03.2025, following order was passed by this Court:-

1. In the present petition, seeking interim bail to the petitioner, on 25.02.2025, following order was passed by this Court:-

“1. Present petition has been filed under Section 483 BNSS read with Section 528 BNSS for grant of interim bail to the petitioner for a period of 14 days, in case, FIR No.115 dated 28.07.2023 (Annexure P-1) under Sections 21 & 29 NDPS Act (Sections 25-54-59 of the Arms Act added later on), registered at Police Station – South, Sector 34, District UT, Chandigarh, on account of marriage of the real brother of the petitioner, which is fixed for

05.03.2025 at Ferozepur City, Punjab.

2. Counsel for the petitioner submits that in the present case, neither any recovery of the contraband has been effected from the petitioner, nor he is found involved in any other similar activity, and still, he is inside jail for a period of about 1 year and 7 months.

3. Counsel for the petitioner also informs that personal liberty of the petitioner is jeopardized for the reason that only the charges have been framed, and despite such a long incarceration, process of recording of the statement of the witnesses is yet to start, and prosecution intends to rely on the testimonies of a total of 34 witnesses.

4. Notice of motion.

On advance notice, Mr. Manish Bansal, PP, UT, Chandigarh, puts an appearance on behalf of the respondent/State.

5. Be that as it may, petitioner is seeking interim bail in the present case, on account of marriage of his brother, which is due to be performed on 05.03.2025, let a status report be filed by learned State counsel on the next date of hearing, i.e. on 28.02.2025, after verification of the complete facts of the case and the avaibility of the members in the petitioner’s family.”

2. Today, learned PP, UT, Chandigarh, has filed status report in the Court today, and the same is taken on record. Copy thereof has already been supplied to the counsel for the petitioner..

3. As per the status report, petitioner has two other brothers namely Gagandeep and Yogesh @ Yugansh, and both of them are residing in Canada. The marriage of the petitioner's brother, Gagandeep Singh, is scheduled for 05.03.2025, and he has travelled from Canada to India, for the said occasion.

Learned PP, UT, Chandigarh, verified the fact that the marriage of the brother of the applicant/petitioner is fixed for 05.03.2025, and in that regard, statements of father of the petitioner, neighbourer and one Municipal Councillor, have also been recorded. Father of the petitioner has also requested for releasing of petitioner on interim bail.

4. On being asked by the Court, it is informed by the learned PP, UT, Chandigarh that petitioner is not involved in any other similar activity, except of the present case, and no recovery of any contraband has been made from the petitioner.

5. Further, on being asked by the Court, counsel for the petitioner provided the addresses where the marriage rituals of the petitioner's brother will be performed. On 05.03.2025, the rituals will take place at the petitioner's house, located at Basti Nizamdin Wali, Near Aggarwal Pipe Factory, Ferozepur City. On 06.03.2025, the marriage rituals will be held at R.S. International, Amritsar Road, Sri Hargobindpur, Gurdaspur.

6. Considering the submissions addressed by counsel for the parties, this Court grants interim bail to the petitioner for a period of two days, specifically on 05.03.2025 and 06.03.2025, to allow him to attend the marriage rituals of his brother, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magis

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