Citation : 2026 Latest Caselaw 3782 P&H
Judgement Date : 24 April, 2026
CRM-M-21528-2026 -1-
241 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-21528-2026
Date of decision :24.04.2026
Rajwant Singh @ Raja .....Petitioner
versus
State of Punjab ..... Respondent
CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ
Present :- Mr. Harmanpreet Singh, Advocate
for the petitioner.
Mr. Kuljinder Dhindsa, AAG, Punjab.
RAJESH BHARDWAJ, J. (Oral)
1. Petitioner has approached this Court by way of filing the
present third petition praying for grant of regular bail to him in case FIR
No.315 dated 27.11.2025, under Sections 21, 27(a), 29 of the NDPS Act,
1985, registered at Police Station Jandiala, District Amritsar Rural.
2. Succinctly, the facts of the case are that the police party,
while on patrolling on 27.11.2025, saw a young boy coming on foot from
the right side of the road. On seeing the police, he got perplexed and tried
to throw one blue colour polythene after taking it out from the right
pocket of his trouser. However, on suspicion, he was apprehended. On
asking, he disclosed his name to be Shamsher Singh @ Shera. He was
suspected to be carrying some contraband in the polythene bag, which he
was tried to throw and thus, search of the same was conducted. On
conducting the search of polythene bag, 50 grams of heroin along with
Rs.600/- as drug money was recovered. He failed to produce any licence
regarding the conscious possession of the same, thus, the FIR was
registered and he was arrested on the spot. On registration of the FIR, the
investigation commenced. The samples taken were sent to the FSL. The
petitioner approached the Court of learned Judge, Special Court, Amritsar
praying for the grant of bail. However, after hearing both the sides and
finding no merit in the same, the learned Judge, Special Court, Amritsar,
declined the bail application filed by the petitioner vide order dated
30.03.2026. Hence being aggrieved, the petitioner is before this Court by
way of filing the present petition praying for the grant of regular bail.
3. Learned counsel for the petitioner, at the outset, prays for the
grant of bail on the basis of parity with that of co-accused, namely, Palwinder
Singh @ Pundu @ Pindu. He has drawn the attention of this Court to the
order dated 09.04.2026 passed by this Court in CRM-M-17764-2026
whereby co-accused of the petitioner, namely, Palwinder Singh @ Pundu @
Pindu has been granted the concession of regular bail. He has submitted that
case of the petitioner is at par with the co-accused, who has been granted bail
by this Court. He has submitted even another co-accused, namely, Shamsher
Singh @ Shera, from whom recovery of 50 grams of heroin has been
effected, has also been granted regular bail by this Court vide order dated
29.01.2026 passed in CRM-M-3848-2026. He has further submitted that on
the basis of the parity, the petitioner deserves to be granted bail.
4. Per contra, learned State counsel has opposed the submissions
made by counsel for the petitioner. However, he has endorsed the fact that
case of the petitioner is at par with co-accused, namely, Palwinder Singh @
Pundu @ Pindu, who has already been granted bail by this Court. He has
produced custody certificate of petitioner, today in the Court, which is taken
on record.
5. After hearing learned counsel for the parties and perusing the
record, it is deciphered that the petitioner is behind bars since the date of his
arrest. The custody certificate produced would show that petitioner has
suffered incarceration of 02 months and 05 days as on 23.04.2026. It further
reflects that though the petitioner is involved in two more cases, however, he
is on bail in the same. Admittedly, co-accused of the petitioner, namely,
Palwinder Singh @ Pundu @ Pindu has already been granted bail by this
Court vide order dated 09.04.2026 passed in CRM-M-17764-2026.
6. The veracity of the allegations would be assessed only after
conclusion of the trial and on the appreciation of evidence to be led by both
the parties before the trial Court. The trial of the case will take sufficiently
long time. Keeping in view the arguments raised by both the sides and
perusing the record, this Court is of the opinion that learned counsel for the
petitioner succeeds in making out a case for grant of regular bail on the basis
of parity with co-accused, Palwinder Singh @ Pundu @ Pindu who has
already been granted regular bail by this Court vide order 09.04.2026 passed
in CRM-M-17764-2026. Accordingly, the present petition is allowed and the
petitioner is ordered to be released on bail on his furnishing bail/surety bonds
to the satisfaction of the concerned trial Court/Duty Magistrate. Nothing said
herein shall be treated as an expression of opinion on the merits of the case.
24.04.2026 ( RAJESH BHARDWAJ ) m.sharma JUDGE
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
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