Dheera Singh v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8248-2026 (O&M) Date of decision: 26.05.2026 Dheera Singh ... Petitioner Vs.

State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA

Present:

Mr. Imran Farooqi, Advocate for the petitioner.

Mr. Subhash Godara, Addl. A.G., Punjab.

******* SUBHAS MEHLA, J. (ORAL) 1.

By way of present petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS'), the petitioner is seeking regular bail in the case bearing FIR No.77 dated 19.06.2025 under Sections 318(4), 319(2), 336(3), 338, 340(2), 111, 61(2) and 341(2) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'), registered at Police Station Division No.4 (Lahori Gate), District Patiala.

2.

In the present case, the allegations qua the petitioner are that he prepared forged and fabricated documents and used the same for furnishing bail/surety bonds before the Court.

3.

Learned counsel for the petitioner prayed for grant of regular bail to the petitioner on the following grounds: -

-2- (i) Petitioner is in custody for last 11 months;

(ii) It was presumed that the present petitioner used the forged and fabricated documents while furnishing bail/surety bonds before the Courts;

(iii) Co-accused, namely, Jai Kishan Bhardwaj, has already been granted the concession of regular bail by this Court vide order dated 06.11.2025 passed in CRM-M-50351-2025 (Annexure P-3); (iv) He is not involved in any other case; and (v) Investigation is complete and challan stands presented. 4.

Custody certificate of the petitioner, which is dated 25.05.2026, has been filed in the Court today and the same is taken on record. Copy thereof has been supplied to learned counsel for the petitioner. 5.

On the other hand, learned State counsel has opposed the prayer of the petitioner on the ground that present petitioner was apprehended with fake documents, while planning to produce the same before the Court for release of co-accused. However, it is admitted that the petitioner neither appeared before the Court for the said purpose neither furnished the aforesaid documents. Further, it is not disputed that co-accused, namely, Jai Kishan Bhardwaj, has already been granted the concession of regular bail by this Court vide order dated 06.11.2025 passed in CRM-M-50351-2025 (Annexure P-3). 6.

Heard.

7.

Keeping in view the facts and circumstances of the present case, this Court finds merit in the present petition for grant of concession of regular bail to the petitioner on the following grounds: -

-3- (a) Petitioner has been in custody since 25.06.2025 i.e. for the last 11 months;

(b) The case of the petitioner is on similar footings with co-accused, namely, Jai Kishan Bhardwaj, who has already been granted the concession of regular bail by this Court vide order dated 06.11.2025 passed in CRM-M-50351-2025 (Annexure P-3); and (c) Trial will take sufficient time to conclude. No fruitful purpose would be served by keeping the petitioner in custody for any further period.

8.

Concession of bail cannot be denied just as a measure of punishment as culpability of accused is to be decided after appreciating evidence adduced by both the parties. It is a trite principle of criminal jurisprudence that bail is rule, jail is an exception, this Court deems it a fit case to grant the concession of regular bail to the petitioner. 9.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. 10.

The pending miscellaneous application(s), if any, also stand(s) disposed of.

[ SUBHAS MEHLA ] 26.05.2026 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No