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CRM-M-1323-2026 (O&M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CRM-M-1323-2026 (O&M)

GOLDI @ GOLDI PALIWAL

... Petitioner

Versus

STATE OF PUNJAB

...Respondent

1 The date when the judgment is reserved 05.05.2026

2 The date when the judgment is pronounced 08.05.2026

3 The date when the judgment is uploaded on the 08.05.2026

website

4 Whether only operative part of the judgment is Full

pronounced or whether the full judgment is

pronounced

5 The delay, if any, of the pronouncement of full Not applicable

judgment and reasons thereof.

CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA

Present: Mr. Satnam Singh Gill, Advocate for the petitioner

Mr. Roshandeep Singh, AAG, Punjab for respondent

****

MANISHA BATRA, J.

1. The instant one is the sixth petition filed by the petitioner under

Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”)

for grant of regular bail in case arising out of FIR No.248 dated 19.10.2022

registered under Section 22 of Narcotic Drugs and Psychotropic Substances Act,

1985 (for short “NDPS Act”) at Police Station City Rajpura, District Patiala.

2. As per the allegations on 19.10.2022, the petitioner was found in

conscious possession of 34,000 intoxicant tablets of Alprazolam and Tramadol

HCL. The previous petitions as filed by the petitioner had been dismissed on

AMIT SHARMA

2026.05.08 14:19

I attest to the accuracy and

integrity of this order/judgment.

CRM-M-1323-2026 (O&M) 2

different dates. The last petition had been dismissed on 23.09.2025 by

observing that out of 13 only 03 prosecution witnesses remained to be

examined.

3. The main thrust of argument of learned counsel for the petitioner is

that even after dismissal of his previous petition, a period of 08 months and 15

days has elapsed, however, there has been no progress in the trial as 03

prosecution witnesses still remain to be examined. He has already suffered

incarceration for a period of 03 years, 06 months and 15 days. His prolonged

incarceration militates against his fundamental rights of personal liberty

guaranteed under Article 21 of the Constitution of India. His antecedents are

clean. Each day spent by him in custody has furnished him a new ground to

move bail afresh for seeking concession of bail. It is, therefore, urged that the

petition deserves to be allowed.

4. Per contra, learned State counsel has argued that this one is a

successive petition without there being any substantial or drastic change in the

circumstances and hence, the petition does not deserve to be allowed. It is,

therefore, urged that the petition is liable to be dismissed.

5. This Court has heard the rival submissions made by learned counsel

for the parties at considerable length.

6. Undisputedly this is the sixth petition for grant of regular bail. Two

petitions as filed by the petitioner had been dismissed as withdrawn, whereas

others petitions were dismissed on different dates. However, for the last more

than 08 months, the trial has not proceeded further at all as 03 witnesses still

AMIT SHARMA

2026.05.08 14:19

I attest to the accuracy and

integrity of this order/judgment.

CRM-M-1323-2026 (O&M) 3

remain to be examined. The petitioner has already spent a period of more than

03 years, 06 months and 15 days in custody. The allegations against him prima

facie make out a case for commission of the subject offences by the petitioner.

So far as the question of maintainability of this petition being successive one is

concerned, it may be mentioned that, an accused has a right to move successive

bail application for grant of bail and it is the duty of the Court, while

entertaining such a subsequent bail application, to consider that any fresh ground

which persuade it to take a view different from the one taken in the earlier

application is made out or not. It is also required to be noted that every day

spent by an accused in custody provides a new cause of action for filing a bail

application under certain circumstances. He cannot be kept in custody for

indefinite period and the bail applicat