Gurwinder Singh v. State Of Punjab

-1- CRM-M-12334-2025 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-12334-2025 Date of decision: 29.07.2025 GURWINDER SINGH ... Petitioner

Versus

STATE OF PUNJAB .. Respondent CORAM : HON'BLE MR. JUSTICE H.S. GREWAL
 Mr. Prateek Pandit, Advocate for the petitioner. *** H.S. Grewal, J. (Oral)
  The present petition has been filed under Section 483 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking regular bail in FIR No.86 dated 10.05.2023 under Sections 379-B, 411, 34 of IPC registered at Police Station Beas, District Amritsar (Rural).

2.

The case of the prosecution is that one Gurdev Singh made a statement to the effect that the petitioner and his co accused namely Akash have snatched the motor cycle and used to snatch mobile phones in an area falling under the jurisdiction of Police Station Beas, District Amritsar and on the bypass of the said area. Thereafter, the petitioner alongwith his co-accused Akash was arrested while Akash was driving the motor-cycle. 3.

Learned counsel for the petitioner contends that the petitioner is in custody since 10.05.2023 and has undergone custody period of more than 02 years and 02 months and out of 09 prosecution witnesses, only 02 have been examined so far.

4.

Notice of motion.

5.

Mr. Gautam Thapar, Sr. DAG, Punjab, accepts notice on behalf of Sonia Puri 2025.07.30 19:53 I attest to the accuracy and integrity of this document

-2- CRM-M-12334-2025 (O&M) the respondent-State.

6.

Learned counsel for the State vehemently opposes the grant of concession of regular bail by way of filing of custody certificate dated 28.07.2025 and further states that the petitioner has undergone custody period of 02 year, 02 months and 15 days and does not refute the fact that out of 09 prosecution witnesses, only 02 have been examined so far. 7.

I have heard learned counsel for the parties and have gone through the material placed on record.

8.

Keeping in view the facts and circumstances of the present case, and the fact that the custody period undergone by the petitioner is 02 year, 02 months and 15 days and also the fact that out of 09 prosecution witnesses, only 02 have been examined so far, further incarceration of the petitioner would not serve the ends of justice and also conclusion of the trial is likely to take a long time. Therefore, 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 granted concession of regular bail in the present case, on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/ Chief Judicial Magistrate concerned. The pending applications, if any, also stand disposed of. 10.

It is however, made clear that in case during his bail, the petitioner indulges in any offence, the State shall be at liberty to file an application for cancellation of bail of the petitioner.

29th July, 2025 (H.S. GREWAL) Sonia Puri JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Sonia Puri 2025.07.30 19:53 I attest to the accuracy and integrity of this document