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2025 DAILYLAW 27862 (PNJ)

VISHAL @ SAHIL @ SELLY v. STATE OF PUNJAB

CRM-M/10092/2025 · 2025-07-09

Mahabir Singh Sindhu

body2025

Judgment text

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CRM-M-10092-2025 (O&M) -1- 107 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.10092 of 2025 (O&M) Date of decision: 09.07.2025 Vishal @ Sahil @ Selly ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present:- Mr. Amandeep Saini, Advocate for the petitioner. Mr. Mohit Kapoor, Sr. DAG, Punjab for the respondent. **** MAHABIR SINGH SINDHU, J. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of bail pending trial to the petitioner in FIR No.76 dated 02.10.2024, under Sections 308(4), 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), registered at Police Station City Kurali, District SAS Nagar. GAGANDEEP 2025.07.10 14:17 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M-10092-2025 (O&M) -2- (2) Custody Certificate dated 09.07.2025 of the petitioner has been produced and which is taken on record. Copy thereof supplied to the opposite side. Registry to tag the same at appropriate place. (3) Allegations are that petitioner, along with other co-accused, in furtherance of their common intention, in order to commit extortion, has put the complainant party in fear of death. (4) Contends that petitioner is in custody since 03.10.2024; after investigation, final report under Section 193 of BNSS was presented on 29.11.2024 and charges were framed on 19.05.2025; but out of total 19 prosecution witnesses, none has been examined so far. Also contends that petitioner is not involved in any other criminal case. Lastly contends that there is no apprehension that petitioner is likely to pressurize the prosecution witnesses and/or hamper the trial, in any manner. (5) The above factual position is not disputed by learned State Counsel, on instructions from quarter concerned; but he opposed the prayer on the ground that allegations are very serious in nature. (6) Heard learned Counsel for the parties and perused the paper- book. (7) Concededly, no other criminal case is pending against the petitioner; he is in custody since 03.10.2024; after investigation, final report under Section 193 of BNSS was presented on 29.11.2024 and charges were framed on 19.05.2025; but out of total 19 prosecution witnesses, none has GAGANDEEP 2025.07.10 14:17 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M-10092-2025 (O&M) -3- been examined so far; therefore, conclusion of trial may take sufficient long time. Moreover, it is not the objection of State that in case petitioner is released on bail, he shall influence the witnesses and/or hamper the course of trial, in any manner; thus, his further incarceration would not serve any purpose. (8) Consequently, present petition is allowed. Petitioner be admitted to bail pending trial on his furnishing bail bonds and surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. (9) Petitioner shall fully co-operate with learned trial Court without seeking any unnecessary adjournments. (10) The above observations be not construed as an expression of opinion on the merits of case. (11) It is clarified that in case there is any misuse of concession of bail on the part of petitioner, State would be at liberty to move an appropriate application for recalling of this order. Pending application(s), if any, shall also stand disposed off. 9th July, 2025 ( MAHABIR SINGH SINDHU ) Gagan JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No GAGANDEEP 2025.07.10 14:17 I attest to the accuracy and authenticity of this document High Court Chandigarh