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High Court of Punjab and HaryanaCRM-M/67051/2025allowed

Surinder Singh And Another v. State Of Punjab And Another

2026-02-26Mr. Justice Aman Chaudhary3 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision: 26.02.2026 Surinder Singh and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Manik Makkar, Advocate for the petitioners. Ms. Gagandeep Kaur, DAG, Punjab.

***** AMAN CHAUDHARY, J. (ORAL) 1.

Prayer in the present petition filed under Section 483 BNSS is for grant of regular bail to the petitioner in case FIR No.37 dated 23.07.2025, registered under Sections 406, 409, 420, 465, 467, 468, 471, 120-B IPC and Sections 13(1)(A) r/w Section 13(2) of PC Act (Amended) 2018, at Police Station Vigilance Bureau, Patiala, District Patiala. 2.

Learned counsel contends that the petitioners have been in custody for 5 months, 13 days. They were working as Panch and have no financial powers and no allegations of having transferred any amount or misappropriated. There are 3 more Panches along with them who had not arraigned as accused. Co-accused Amarjit Singh, has been granted bail after being in custody for 3 months. Charges have been framed on 18.12.2025, however, none, out of 22 PWs, has been examined. They are not involved in any other case. 3.

Learned State counsel opposes the bail on the ground that there is a huge loss caused to the public exchequer as the petitioners had signed the

resolution along with others vide which the work was to be allotted and amount misappropriated. However, she is unable to controvert with regard to custody, stage, petitioners being not involved in any other case and co-accused having been granted bail.

4.

Heard.

5.

Considering the facts and circumstances of the case, in particular that the petitioners are in custody for last 5 months & 13 days; not involved in any other case; co-accused is on bail; charges were framed on 18.12.2025, however, out of 22 PWs, none has been examined, the trial is likely to take a considerable time, further incarceration of the petitioners would be violative of their right enshrined under Article 21 of the Constitution of India, the present petition is allowed.

6.

The petitioners are ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:- (i) The petitioners will not tamper with the evidence during the trial.

(ii) The petitioners will not pressurize/ intimidate the prosecution witnesses.

(iii) The petitioners will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.

(iv) The petitioners shall not commit an offence similar to the offence of which, they are an accused, or for commission of which they are suspected of.

(v) The petitioners shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

(vi) The petitioners shall not in any manner misuse their liberty.

(vii) The petitioners shall furnish their addresses and mobile numbers by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, they seek to change either of the aforesaid, it shall be done only with prior information to the learned trial Court.

(viii) The petitioners shall not leave the country without prior permission of the trial Court.

(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioners.

7.

It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioners by this order.

8.

In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations. (AMAN CHAUDHARY) JUDGE 26.02.2026 ashok Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No