Harcharanjit Singh Alias Gora Kirch v. State Of Punjab
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH CRM-M-70063-2025 (O&M) Decided on : 24.02.2026 Harcharanjit Singh @Gora ..... Petitioner
VERSUS
State of Punjab ..... Respondent CORAM: HON'BLE MR. JUSTICE SURYA PARTAP SINGH
Present:
Mr. J.K. Singla, Advocate, for the petitioner. Mr. Eklavya Darshi, Deputy Advocate General, Punjab. ***** SURYA PARTAP SINGH, J.
1.
This petition is the first petition for bail, filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023. It has been filed with regard to a case arising out of FIR No.108 dated 09.06.2024, for the commission of offence punishable under Sections 307, 341, 323, 148, 149, 120B and 427 [offence under Sections 326, 325 & 324 of IPC, 1860 was added later on vide DDR No.22 dated 10.08.2024 and offence under Section 120-B IPC was deleted vide DDR No.15 dated 01.09.2024] of IPC 1860 (Act No.45 of 1860), Police Station Bhikhi, District Mansa (Annexure P-1). 2.
In nut-shell, the facts emerging from record are that the FIR of this case came into being on the statement of Jagsir Singh, who stated that on 08.06.2024 at about 01:30 pm, he was working in his field, and there he spotted that his brother Jaswant Singh along with Maninder Singh was going home on his motorcycle and Maninder Singh was driving the motorcycle. According to complainant, near their fields a Bolero vehicle came from behind and hit the
motorcycle of Maninder Singh, whereupon Jaswant Singh was a pillion rider. As per complainant due to impact of abovesaid collusion, Jaswant Singh and Maninder Singh fell down, and thereafter, 8-9 persons armed with hatchet (gandasi), swords, rods and sticks, launched an attack upon them and inflicted injuries on their persons, including grievous injuries. 3.
It is the case of the prosecution that on the basis of abovementioned statement, formal FIR in this case was lodged and the investigation taken up. As per prosecution, during the course of investigation, the petitioner has been arrested.
4.
Heard.
5.
The record has been perused carefully.
6.
A perusal of record shows that in the present case, following are the relevant factors which are required to be taken into consideration, before arriving at any decision: - i) that the petitioner has already suffered a lot of incarceration for being in custody for a period of almost 01 year, 07 months and 06 days;
ii) that except one case under NDPS Act, there is nothing on record to show that the petitioner has been prosecuted for any other offence;
iii) that the injured has already been discharged from the hospital; iv) that nothing has been left to be recovered from the possession of petitioner;
v) that trial is not likely to be concluded in near future;
vi) that detention of petitioner in judicial lockup is not likely to serve any purpose;
vii) 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 viii) that there is nothing on record to show that if released on bail, the petitioner will not participate/cooperate in the trial. 7.
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.
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".
8.
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', ( 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".
9.
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".
10.
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.
11.
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.
12.
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
, 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 24.02.2026 Vinod Whether speaking / reasoned Yes/No Whether Reportable Yes/No