IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

216 (^2nd case)

Date of Decision: 02.07.2025 Madu Singh @ Maru Singh .....Petitioner Versus State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Ripudaman S. Brar, Advocate for the petitioner.

Mr. Neeraj Sheoran, DAG, Haryana.

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MAHABIR SINGH SINDHU , J .

Present petition has been filed under Section 439 of Code of Criminal Procedure (for short ‘Cr.P.C.’) read with Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) for seeking bail pending trial in FIR No. 313 dated 05.09.2023, registered under Sections 15(c), 27(A) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’), at Police Station Kalanwali, District Sirsa.

2. Allegations are that 53 kg of poppy husk (commercial quantity) was recovered from boot of vehicle bearing registration No.GJ-06-DG-3096 which was occupied by petitioner along with other co-accused, namely, Dharmendra Joshi @ Mahadev, Sewak Singh and Jasbir Singh.

3. Contends that petitioner was granted interim concession by this Court on 16.10.2024. Also contends that driver of the vehicle namely Dharmendra Joshi as well as helper Jasbir Singh along with co-accused Jitender Singh alias Jeetu with similar allegations were granted bail pending trial by Coordinate Bench of this Court, on 08.08.2024 (P-3) and the aforesaid order granting bail to co-accused has not been challenged by State of Haryana. Lastly contends that there is no allegation that petitioner is likely to misuse the concession and/or hamper the proceedings in any manner, in case released on bail.

4. Per contra, learned State Counsel, on instructions from quarter concerned, has fairly acknowledged the above factual position, but opposed the prayer on the premise that allegations are serious in nature.

5. Heard learned counsel for both the sides and perused the paper book.

6. This Court granted interim bail to the petitioner on 16.10.2024 and order reads as under:-

“Custody certificate dated 16.10.2024 has been produced, which is taken on record. Registry to tag the same at appropriate place.

Contends that all similarly situated 03 co-accused have already been granted concession of bail pending trial by the Coordinate Bench.

Learned State counsel seeks time to have instructions in the matter.

Posted for 16.12.2024.

In the meanwhile, petitioner be released on interim bail in the present case, till the next date of hearing, on furnishing adequate bail and surety bonds subject to the satisfaction of learned trial Court/CJM/Duty Magistrate concerned.”

7. Learned State counsel has fairly acknowledged aforesaid factual position that co-accused namely Dharmendra Joshi, Jasbir Singh and Jitender Singh alias Jeetu with similar allegations were granted bail by Coordinate Bench of this Court way back on 08.08.2024 (P-3), therefore there is no justification to keep the matter pending or to deny the concession of bail pending trial to petitioner. It transpires that petitioner is regularly appearing before learned Special Court; there is no allegation that in case, interim bail is made absolute, he is likely to misuse the concession and/or hamper the proceedings in any manner.

8. Consequently, present petition is allowed. Interim bail granted to the petitioner, vide order dated 16.10.2024, is made absolute. He shall be admitted to bail on furnishing bail/surety bonds to the satisfaction of learned Special Court/Chief Judicial Magistrate/Duty Magistrate concerned.

9. Petitioner shall appear on each & every date of hearing and to fully co-operate with learned Special Court without seeking any unnecessary adjournment(s).

10. The above observations be not construed as an expression of opinion on the merits of the case.

11. It is clarified that in case there is any misuse of concession by the petitioner, State would be at liberty to move an appropriate application for recalling of this order.

Pending application(s), if any, shall also stand