State of Punjab v. SURYA PARTAP SINGH

Mr. Rohit Bansal, Sr. DAG Punjab. Mr. Rohit Bansal, Sr. DAG Punjab. -.- Surya Partap Singh, J. Surya Partap Singh, J.

1. petitioner under This petition for bail is the first petition, filed by the petitioner under This petition for bail is the first petition, filed by the This petition for bail is the first petition, filed by the Section 483 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed Section 483 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed Section 483 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed Section 483 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed , for the with regard to a case arising out of FIR No.24 dated 24.02.2004, for the with regard to a case arising out of FIR No. with regard to a case arising out of FIR No. commission of offence punishable under Sections commission of offence puni of Indian shable under Sections 302, 120-B, 148/149 of Indian Morinda, District Ropar, Punjab. Penal Code, Police Station Morinda, District Ropar, Punjab. Penal Code, Police Station

2. The abovementioned FIR came into being at the instance of ‘Z The abovementioned FIR came into being The abovementioned FIR came into being Zora , hereinafter being referred to as ‘complainant’ only. It was stated by the Singh, hereinafter being referred to as ‘complainant’ only. It was stated by the , hereinafter being referred to as ‘complainant’ only. It was stated by the , hereinafter being referred to as ‘complainant’ only. It was stated by the above-named complainant that named complainant that on 24.02.2004 at about 7:00 PM his son, namely on 24.02.2004 at about 7:00 PM his son, namely Paramjit Singh’, had gone to meet Avatar Singh (accused in this case) ‘Paramjit Singh’ had gone to meet Avatar Singh (accused in this case) at at his d not return thereafter. As per complainant, when he Village Dhoomcherri and did not return thereafter. As per complainant, when he d not return thereafter. As per complainant, when he Village Dhoomcherri and di visited the house of Avtar Singh, he found the motor visited the house of Avtar Singh cycle of Paramjit Singh , he found the motor-cycle of Paramjit Singh parked outside the house, and that Paramjit Singh was lying on the floor in a pool the house, and that Paramjit Singh was lying on the floor in a pool and that Paramjit Singh was lying on the floor in a pool of blood, with his hands and feet tied with a cloth of blood, with his hands and feet tied with a cloth inside the house of Avtar Singh inside the house of Avtar Singh. TRIPTI SAINI 2026.04.24 09:44 I attest to the accuracy and integrity of this document CRM-M-4208-202 2026 (O&M) -2- , Balbir Singh The complainant further stated that Amar Singh armed with datar, Balbir Singh The complainant further stated that Amar Singh The complainant further stated that Amar Singh with a sword, J Jaspinder Singh with stick and Harbhajan Singh ( petitioner- and Harbhajan Singh (the petitioner herein) with stick and hockey stick were inflicting injuri herein) with stick and es on the person of stick were inflicting injuries on the person of Paramjit Singh and that on account of the injuries suffered Paramjit Singh and that on account of the injuries suffered in the above-said incident, Paramjit Singh passed away. incident, Paramjit Singh

3. mentioned It is the case of the prosecution that pursuant to above-mentioned It is the case of the prosecution that pursuant to above It is the case of the prosecution that pursuant to above statement, formal FIR of this case was lodged and the investigation taken up. statement, formal FIR of this case was lodged and the investigation taken up. statement, formal FIR of this case was lodged and the investigation taken up. statement, formal FIR of this case was lodged and the investigation taken up. According to the prosecution during the course of investigation, the petitioner was According to the prosecution during the course of investigation, the petitioner was According to the prosecution during the course of investigation, the petitioner was According to the prosecution during the course of investigation, the petitioner was herefore, in the report under Section 173 Cr.P.C, the found to be innocent and therefore, in the report under Section 173 Cr.P.C, the herefore, in the report under Section 173 Cr.P.C, the found to be innocent and t petitioner was not prosecuted. petitioner was not prosecuted.

4. It is relevant to mention here that the trial commenced against the It is relevant to mention here that the trial commenced against the It is relevant to mention here that the trial commenced against the It is relevant to mention here that the trial commenced against the during the course of trial an application under Section 319 other accused and during the course of trial an application under Section 319 during the course of trial an application under Section 319 other accused and mentioned application, the learned Cr.P.C was filed. On consideration of above-mentioned application, the learned mentioned application, the learned Cr.P.C was filed trial Court summoned the present petitioner as one the accused in the present case. trial Court summoned the present petitioner as one the accused in the present case. trial Court summoned the present petitioner as one the accused in the present case. trial Court summoned the present petitioner as one the accused in the present case.

7. Heard. Heard. he record has been perused carefully. The record has been perused carefully. he record has been perused carefully. following are the A perusal of record shows that in the present case, following are the A perusal of record shows that in the present case, A perusal of record shows that in the present case, relevant factors which are required to be taken into consideration for a decision: relevant factors which are required to be taken into consideration for a decision relevant factors which are required to be taken into consideration for a decision : - i) that the petitioner is already in custody for a period of more than 07 that the petitioner is already in custody for a period of more than that the petitioner is already in custody for a period of more than that the petitioner is already in custody for a period of more than months and 13 days; months and 13 days ii) the petitioner has clean antecedents; that the petitioner has clean antecedents; iii) r was declared innocent by the Investigating agency that the petitioner was declared innocent by the Investigating agency r was declared innocent by the Investigating agency that the petitione detention of the petitioner in judicial lockup is not and therefore, his detention of the petitioner in judicial lockup is not detention of the petitioner in judicial lockup is not and therefore likely to serve any purpose; likely to serve any purpose iv) that the investigation in this case is already complete and therefore, that the investigation in this case is already complete and therefore, that the investigation in this case is already complete and therefore, that the investigation in this case is already complete and therefore, overed from the possession of nothing has been left to be recovered from the possession of nothing has been left to be rec nothing has been left to be rec petitioner; petitioner; TRIPTI SAINI 2026.04.24 09:44 I attest to the accuracy and integrity of this document CRM-M-4208-202 2026 (O&M) -3- v) as out of 22 that the trial is not likely to be concluded in near future as out of 22 that the trial is not likely to be concluded in near future that the trial is not likely to be concluded in near future prosecution witnesses only two have been examined prosecution witnesses have been examined, so far; vi) that there is nothing on record to show that if released on bail, the that there is nothing on record to show that if released on bail, the that there is nothing on record to show that if released on bail, the that there is nothing on record to show that if released on bail, the ay tamper with the evidence or influence the witnesses; petitioner may tamper with the evidence or influence the witnesses; ay tamper with the evidence or influence the witnesses; petitioner m that there is nothing on record to show that if released on bail, the vii) that there is nothing on record to show that if released on bail, the that there is nothing on record to show that if released on bail, the that there is nothing on record to show that if released on bail, the petitioner will not participate/cooperate in the trial. petitioner will not participate/cooperate in the trial. petitioner will not participate/cooperate in the trial.

8. Hon’ble In the present case, the principles of law laid down by the Hon’ble In the present case, the principles of law laid down by the In the present case, the principles of law laid down by the Dataram versus State of Uttar Pradesh and Supreme Court of India in the case of “Dataram versus State of Uttar Pradesh and Dataram versus State of Uttar Pradesh and Supreme Court of India in the case of “ are also relevant, wherein it has been another”, 2018(2) R.C.R. (Criminal) 131, are also relevant, wherein it has been are also relevant, wherein it has been another”, 2018(2) R.C.R. (Criminal) 131, a fundamental postulate of criminal jurisprudence is the observed that “a fundamental postulate of criminal jurisprudence is the a fundamental postulate of criminal jurisprudence is the observed that “ innocence, meaning thereby that a person is believed to be presumption of innocence, meaning thereby that a person is believed to be innocence, meaning thereby that a person is believed to be presumption of innocent until found guilty. However, there are instances in our criminal law where innocent until found guilty. However, there are instances in our criminal law where innocent until found guilty. However, there are instances in our criminal law where innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences a reverse onus has been placed on an accused with regard to some specific offences a reverse onus has been placed on an accused with regard to some specific offences a reverse onus has been placed on an accused with regard to some specific offences does not detract from the fundamental postulate in but that is another matter and does not detract from the fundamental postulate in does not detract from the fundamental postulate in but that is another matter and respect of other offences. Yet another important facet of our criminal jurisprudence respect of other offences. Yet another important facet of our criminal jurisprudence respect of other offences. Yet another important facet of our criminal jurisprudence respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison is that the grant of bail is the general rule and putting a person in jail or in a prison is that the grant of bail is the general rule and putting a person in jail or in a prison is that the grant of bail is the general rule and putting a person in jail or in a prison hever expression one may wish to use) is an or in a correction home (whichever expression one may wish to use) is an hever expression one may wish to use) is an or in a correction home (whic exception. Unfortunately, some of these basic principles appear to have been lost exception. Unfortunately, some of these basic principles appear to have been lost exception. Unfortunately, some of these basic principles appear to have been lost exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for sight of with the result that more and more persons are being incarcerated and for sight of with the result that more and more persons are being incarcerated and for sight of with the result that more and more persons are being incarcerated and for r criminal jurisprudence or to our longer periods. This does not do any good to our criminal jurisprudence or to our longer periods. This does not do any good to ou longer periods. This does not do any good to ou society. There is no doubt that the grant or denial of bail is entirely the discretion society. There is no doubt that the grant or denial of bail is entirely the discretion society. There is no doubt that the grant or denial of bail is entirely the discretion society. There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has of the judge considering a case but even so, the exercise of judicial discretion has of the judge considering a case but even so, the exercise of judicial discretion has of the judge considering a case but even so, the exercise of judicial discretion has rendered by this Court and by been circumscribed by a large number of decisions rendered by this Court and by been circumscribed by a large number of decisions been circumscribed by a large number of decisions every High Court in the country. Yet, occasionally there is a necessity to introspect every High Court in the country. Yet, occasionally there is a necessity to introspect every High Court in the country. Yet, occasionally there is a necessity to introspect every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and whether denying bail to an accused person is the right thing to do on the facts and whether denying bail to an accused person is the right thing to do on the facts and whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case”. in the circumstances of a case TRIPTI SAINI 2026.04.24 09:44 I attest to the accuracy and integrity of this document CRM-M-4208-202 2026 (O&M) -4-

9. d down by the Hon’ble the Supreme Court of India The principles laid down by the Hon’ble the Supreme Court of India d down by the Hon’ble the Supreme Court of India The principles lai Satender Kumar Antil Vs. Central Bureau of Investigation and in the case of ‘Satender Kumar Antil Vs. Central Bureau of Investigation and Satender Kumar Antil Vs. Central Bureau of Investigation and in the case of ‘ Another’, (2022) 10 SCC 51, are also relevant in this case. In the abovementioned 2022) 10 SCC 51, are also relevant in this case. In the abovementioned are also relevant in this case. In the abovementioned conviction in criminal cases in India is case, it has been observed that “the rate of conviction in criminal cases in India is conviction in criminal cases in India is case, it has been observed that “ abysmally low. It appears to us that this factor weighs on the mind of the Court abysmally low. It appears to us that this factor weighs on the mind of the Court abysmally low. It appears to us that this factor weighs on the mind of the Court abysmally low. It appears to us that this factor weighs on the mind of the Court while deciding the bail applications in a negative sense. Courts tend to think that while deciding the bail applications in a negative sense. Courts tend to think that while deciding the bail applications in a negative sense. Courts tend to think that while deciding the bail applications in a negative sense. Courts tend to think that arity, bail applications will have to the possibility of a conviction being nearer to rarity, bail applications will have to the possibility of a conviction being nearer to r the possibility of a conviction being nearer to r be decided strictly, contrary to legal principles. We cannot mix up consideration of be decided strictly, contrary to legal principles. We cannot mix up consideration of be decided strictly, contrary to legal principles. We cannot mix up consideration of be decided strictly, contrary to legal principles. We cannot mix up consideration of a bail application, which is not punitive in nature with that of a possible a bail application, which is not punitive in nature with that of a possible a bail application, which is not punitive in nature with that of a possible a bail application, which is not punitive in nature with that of a possible e acquittal with continued adjudication by way of trial. On the contrary, an ultimate acquittal with continued adjudication by way of trial. On the contrary, an ultimat adjudication by way of trial. On the contrary, an ultimat custody would be a case of grave injustice”. custody would be a case of grave injustice

10. Recently, Recently, Tapas Kumar Palit Vs. State of the case of ‘Tapas Kumar Palit Vs. State of Tapas Kumar Palit Vs. State of the case of ‘ , the Hon’ble Supreme Court of India has Chhattisgarh’, 2025 SCC Online SC 322, the Hon’ble Supreme Court of India has , the Hon’ble Supreme Court of India has Chhattisgarh’, 2025 SCC Online SC 322 observed that “if an accused is to get a fin al verdict after incarceration of six to if an accused is to get a final verdict after incarceration of six to al verdict after incarceration of six to seven years in jail as an undertrial prisoner, then, definitely, it could be said that seven years in jail as an undertrial prisoner, then, definitely, it could be said that seven years in jail as an undertrial prisoner, then, definitely, it could be said that seven years in jail as an undertrial prisoner, then, definitely, it could be said that his right to have a speedy trial under Article 21 of the Constitution has been his right to have a speedy trial under Article 21 of the Constitution has been his right to have a speedy trial under Article 21 of the Constitution has been his right to have a speedy trial under Article 21 of the Constitution has been ble Supreme Court of India in the infringed”. It has also been observed by the Hon’ble Supreme Court of India in the infringed”. It has also been observed by the Hon’ infringed”. It has also been observed by the Hon’ abovementioned case that “delays are bad for the accused and extremely bad for abovementioned case that “delays are bad for the accused and extremely bad for abovementioned case that “delays are bad for the accused and extremely bad for abovementioned case that “delays are bad for the accused and extremely bad for the victims, for Indian society and for the credibility of our justice system, which is the victims, for Indian society and for the credibility of our justice system, which is the victims, for Indian society and for the credibility of our justice system, which is the victims, for Indian society and for the credibility of our justice system, which is the Criminal Procedure valued. Judges are the masters of their Courtrooms and the Criminal Procedure valued. Judges are the masters of their Courtrooms and valued. Judges are the masters of their Courtrooms and Code provides many tools for the Judges to use in order to ensure that cases Code provides many tools for the Judges to use in order to ensure that cases Code provides many tools for the Judges to use in order to ensure that cases Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently”. proceed efficiently

11. To elucidate further, this Court is conscious of the basic and To elucidate further, this Court is conscious of the basic and To elucidate further, this Court is conscious of the basic and To elucidate further, this Court is conscious of the basic and of reasonable, fair fundamental principle of law that right to speedy trial is a part of reasonable, fair fundamental principle of law that right to speedy trial is a part fundamental principle of law that right to speedy trial is a part and just procedure enshrined under Article 21 of the Constitution of India. This and just procedure enshrined under Article 21 of the Constitution of India. This and just procedure enshrined under Article 21 of the Constitution of India. This and just procedure enshrined under Article 21 of the Constitution of India. This TRIPTI SAINI 2026.04.24 09:44 I attest to the accuracy and integrity of this document CRM-M-4208-202 2026 (O&M) -5- constitutional right cannot be denied to the accused as mandated by Hon’ble Apex constitutional right cannot be denied to the accused as mandated by Hon’ble Apex constitutional right cannot be denied to the accused as mandated by Hon’ble Apex constitutional right cannot be denied to the accused as mandated by Hon’ble Apex Balwinder Singh versus State of Punjab and Another”, 2024 SCC Online Balwinder Singh versus State of Punjab and Another”, 2024 SCC On court in “Balwinder Singh versus State of Punjab and Another”, 2024 SCC On SC 4354.

12. If the cumulative effect of all the abovementioned factors, involved in If the cumulative effect of all the abovementioned factors, involved in If the cumulative effect of all the abovementioned factors, involved in If the cumulative effect of all the abovementioned factors, involved in the instant case, is taken into consideration, it leads to a conclusion that the the instant case, is taken into consideration, it leads to a conclusion that the the instant case, is taken into consideration, it leads to a conclusion that the the instant case, is taken into consideration, it leads to a conclusion that the petitioner is entitled for the benefit of bail, and that the present petition deserves to petitioner is entitled for the benefit of bail, and that the present petition deserves to petitioner is entitled for the benefit of bail, and that the present petition deserves to petitioner is entitled for the benefit of bail, and that the present petition deserves to be allowed.

13. Accordingly, without commenting anything on the merits of the case, Accordingly, without commenting anything on the merits of the case, Accordingly, without commenting anything on the merits of the case, Accordingly, without commenting anything on the merits of the case, . The petitioner is hereby ordered to be the present petition is hereby allowed. The petitioner is hereby ordered to be . The petitioner is hereby ordered to be the present petition is hereby released on bail on furnishing personal bond and surety bond(s) to the satisfaction released on bail on furnishing personal bond and surety bond(s) to the satisfaction released on bail on furnishing personal bond and surety bond(s) to the satisfaction released on bail on furnishing personal bond and surety bond(s) to the satisfaction urt. However the abovementioned concession shall be subject to of learned trial Court. However the abovementioned concession shall be subject to urt. However the abovementioned concession shall be subject to of learned trial Co following conditions:- following conditions: (i) that the petitioner shall not directly or indirectly make any that the petitioner shall not directly or indirectly make any that the petitioner shall not directly or indirectly make any that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts inducement, threat or promise to any person acquainted with the facts inducement, threat or promise to any person acquainted with the facts inducement, threat or promise to any person acquainted with the facts m to disclose such facts to the Court or of the case, so as to dissuade him to disclose such facts to the Court or m to disclose such facts to the Court or of the case, so as to dissuade hi to any other authority; to any other authority; that the petitioner shall at the time of execution of bond, furnish the (ii) that the petitioner shall at the time of execution of bond, furnish the that the petitioner shall at the time of execution of bond, furnish the that the petitioner shall at the time of execution of bond, furnish the address to the Court concerned and shall notify the change in address address to the Court concerned and shall notify the change in address address to the Court concerned and shall notify the change in address address to the Court concerned and shall notify the change in address to the trial Court, till the final decision of the trial; and to the trial Court, till the final decisio to the trial Court, till the final decisio that the petitioner shall not leave India without prior permission of the (iii) that the petitioner shall not leave India without prior permission of the that the petitioner shall not leave India without prior permission of the that the petitioner shall not leave India without prior permission of the trial Court. trial Court. April 23, 2026 tripti (SURYA PARTAP SINGH) (SURYA PARTAP SINGH) JUDGE Whether speaking/non-speaking : Speaking speaking : Speaking Whether speaking/non : Yes/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2026.04.24 09:44 I attest to the accuracy and integrity of this document