Des Raj Alias Deshu v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Date of decision: 19.02.2026 Des Raj @Desu ..... Petitioner

VERSUS

State of Punjab ..... Respondent CORAM: HON'BLE MR. JUSTICE SURYA PARTAP SINGH Present :

Mr. Sumit Dua, Advocate for the petitioner.

Mr. Eklavya Darshi, Deputy Advocate General, Punjab. ***** SURYA PARTAP SINGH, J.

This petition for bail, which is first petition filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed with regard to a case arising out of FIR No.104 dated 16.07.2019, for the commission of offence punishable under Sections 307, 324, 323 of Indian Penal Code (Sections 302, 148, 149, 201 of IPC added later on), Police Station Nakodar Sadar, District Jalandhar.

2.

The abovementioned FIR came into being at the instance of 'Gurtej Pal Singh', hereinafter being referred to as 'complainant' only. It was stated by above-named complainant that on 15.07.2019 his father had gone to Sidhwa Station to fetch medicines for his sick wife (mother of complainant) and that due to disruption of electric supply it was dark. As per complainant, he received a call from Sabi S/o Happy R/o Sidhwa Station and therefore, he along with co-villagers went to Sidhwa Station and found that his father was lying unconscious in agricultural fields. He was bleeding profusely. According to

complainant, his father was injured by some unknown persons with a sharp object. It was further stated by the complainant that thereafter, his father was admitted to Johal Hospital, Rama Mandi.

3.

It is the case of the prosecution that in view of abovementioned statement, formal FIR of this case under Sections 307/324/323 of IPC was lodged and the investigation taken up. According to prosecution, during the course of investigation when injured Mohinder Pal succumbed to his injuries, Section 302 of IPC was invoked in this case.

4.

Notice of motion.

5.

Mr. Eklavya Darshi, Deputy Advocate General, Punjab appears on behalf of respondent-State. Hence service of notice upon the State is hereby dispensed with. The learned State Counsel has filed custody certificate of the petitioner. The same be taken on record. Status report has already been placed on record.

6.

Heard. The record has been perused carefully. 7.

A perusal of record shows that on 10.05.2020, the statement of brother of complainant, namely Sher Singh @Shera, was recorded, who stated that Bhupinder Singh @Bhinda S/o Nirmal Singh was nursing a suspicion that his father, namely Nirmal Singh, had died due to black magic played by Mohinder Pal, and also that Mohinder Pal was responsible for dropping of marriage proposal of his sister. It was also stated by Sher Singh @Shera that on 15.07.2019, his father was beaten up by Bhupinder Singh @Bhinda along with Des Raj @Desu (petitioner herein). According to prosecution, in view of

abovementioned statement, the petitioner and his co-accused were arrested and that they had suffered disclosure statement.

8.

In the present case, following are the 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 eleven months;

ii) that this is a case of blind murder, wherein there is no eye-witness account;

iii) that even the last seen evidence is not available in the present case;

iv) that after a huge delay of almost 10 months, on the basis of supplementary statement of son of deceased, the name of petitioner was introduced as accused in this case; v) that the benefit of bail has already been accorded to co-accused Bhupinder Singh, Deepa and one other;

vi) that nothing is left to be recovered from the possession of petitioner;

vii) that the trial is not likely to be concluded in near future; viii) that detention of the petitioner in judicial lockup is not likely to serve any purpose;

ix) that there is nothing on record to show that if released on bail, the petitioner may tamper with the evidence or influence the witnesses; and x) that there is nothing on record to show that if released on bail, the petitioner will not participate/cooperate in the trial.

9.

In the present case, the principles of law laid down by the Hon'ble Supreme Court of India in the case of "Dataram versus State of Uttar Pradesh and another", 2018(2) R.C.R. (Criminal) 131, are also relevant, wherein it has been observed that "a fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be 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 but that is another matter and does not detract from the fundamental postulate in 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 or in a correction home (whichever expression one may wish to use) is an 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 longer periods. This does not do any good to our criminal jurisprudence or to our 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 been circumscribed by a large number of decisions rendered by this Court and by 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 in the circumstances of a case".

10.

The principles laid down by the Hon'ble the Supreme Court of India in the case of 'Satender Kumar Antil Vs. Central Bureau of Investigation and Another', (2022) 10 SCC 51, are also relevant in this case. In the abovementioned case, it has been observed that "the rate of conviction in

criminal cases in India is 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 the possibility of a conviction being nearer to rarity, bail applications will have to 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 adjudication by way of trial. On the contrary, an ultimate acquittal with continued custody would be a case of grave injustice".

11.

Recently, in the case of 'Tapas Kumar Palit Vs. State of Chhattisgarh', 2025 SCC Online SC 322, the Hon'ble Supreme Court of India has observed that "if an accused is to get a final verdict after incarceration of six to 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 infringed". It has also been observed by the Hon'ble Supreme Court of India in the 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 valued. Judges are the masters of their Courtrooms and the Criminal Procedure Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently".

12.

To elucidate further, this Court is conscious of the basic and fundamental principle of law that right to speedy trial is a part of reasonable, fair and just procedure enshrined under Article 21 of the Constitution of India. This constitutional right cannot be denied to the accused as mandated by Hon'ble Apex court in "Balwinder Singh versus State of Punjab and Another", 2024 SCC Online SC 4354.

13.

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 petitioner is entitled for the benefit of bail, and that the present petition deserves to be allowed.

14.

Accordingly, without commenting anything on the merits of the case, the present petition is hereby allowed. The petitioner is hereby ordered to be released on bail on furnishing personal bond and surety bond(s) to the satisfaction of learned trial Court. However the abovementioned concession shall be subject to following conditions:- (i) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority.

(ii) 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 to the trial Court, till the final decision of the trial; and (iii) that the petitioner shall not leave India without prior permission of the trial Court.

(SURYA PARTAP SINGH) JUDGE 19.02.2026 Gaurav Thakur Whether speaking / reasoned Yes/No Whether Reportable Yes/No