CRM-M-30822-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 257 CRM-M-30822-2025 DATE OF DECISION: 04.07.2025 SOURAV ...PETITIONER Versus STATE OF HARYANA ... RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Ms. Shweta Bawa, Advocate and Mr.Pardeep Balyan, Advocate for the petitioner(s). Mr. B.S.Virk, Sr. DAG, Haryana. *** SANDEEP MOUDGIL, J (ORAL) 1. Prayer This petition has been filed under Section 483 Bhartiya Nagarik Surakasha Sanhita (B.N.S.S.) 2023 for grant of regular bail of the petitioner in case bearing F.I.R. No. 396 dated 27.10.2023 (P/1) Under Section 302 of IPC (Section 201 & 34 of IPC added later on) registered at Police Station: Sadar, Sonipat (Haryana), in the interest of justice. 2. Prosecution story set up in the present case as per the version in the FIR reads as under :- ‘To SHO, Police Station SadarSonipat Sir, It is requested that I am Parveen S/o Shri Ram Chander, resident of village Sisana, district Sonipat. My uncle's son's name is Ashok S/O Shri Satbir resident of Sisana who is 33 years old. Ashok is married and has owned Swift Dizer car bearing No. UP16GT4164 for the last 2 years. Ashok drives this car as OLA Taxi. Yesterday, on 26.10.23, I got a call from an unknown person at around 10.00 pm on my uncle's son Ashok's mobile number 9350998089 and 98177-40596 Anuradha 2025.07.04 08:14 I attest to the accuracy and integrity of this document CRM-M-30822-2025 2 and he asked Ashok to go somewhere. That's why you should take a car and come to village Cholka. After that, Ashok took his car and left for village Cholka from your house at around 10-15 PM. Then today, on 27.10.2023, we called Ashok at around 4-00 am and found his phone switched off. After that we left home to search for Ashok, then we got information that my brother Ashok's car was parked on the Sonipat road from village Kakroi and Ashok's body was lying on the side of the road. Then we came to the spot with the family where I saw that my brother Ashok was lying on the side of the road. Whose body has injury marks from a sharp weapon and whose head has been seriously injured by a sharp weapon on the forehead. The unknown accused has killed my uncle's son Ashok by stabbing him with a sharp weapon. Legal action should be taken against the accused whose names are not known. Sd- Parveen Kumar. Applicant Parveen S/o Ram Chandra 9350382081.’ 3. Contentions On behalf of the petitioner Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He submits that the instant FIR was registered against some unknown persons and the petitioner was nominated in the present FIR on the basis of the disclosure statement made by co-accused. He has argued that the present case is based on the circumstantial evidence and nothing is to be recovered from the petitioner. He further points out that complainant PW-1 Parveen Kumar has turned hostile as has been referred him from the statement that is annexed as Annexure P-3. Moreso, the investigation in this case is complete as challan stands presented on 25.01.2024 charges stands framed on 04.07.2024 out of 23 prosecution witnesses, only one PW has been examined so far which is sufficient to infer that the conclusion of Anuradha 2025.07.04 08:14 I attest to the accuracy and integrity of this document CRM-M-30822-2025 3 trial is likely to take considerable time, therefore, prays for grant of regular bail to the petitioner. On behalf of the State On the other hand, learned State Counsel appearing on advance notice, accepts notice on behalf of respondent-State and has filed the custody certificate of the petitioner, which is taken on record. Learned State Counsel on instructions from the Investigating Officer opposes the prayer for grant of regular bail stating that the petitioner is a habitual offender as he is involved in one more complaint case but is not in a position to controvert the submissions made by learned counsel for the petitioner. 4. Analysis From the above discussion, it can be culled out that the petitioner has already suffered sufficient incarceration i.e. 1 year, 8 months and 02 days, the instant FIR was registered against some unknown persons and the petitioner was nominated in the present FIR on the basis of the disclosure statement made by co-accused, moreso, the present case is based on the circumstantial evidence and nothing is to be recovered from the petitioner and the complainant PW-1 Parveen Kumar has turned hostile and as per the principle of the criminal jurisprudence, no one should be considered guilty, till the guilt is proved beyond reasonable doubt, whereas in the instant case, challan stands presented on 25.01.2024 charges stands framed on 04.07.2024 out of 23 prosecution witnesses, only one PW has been examined so far which is sufficient to infer that the conclusion of trial is likely to take considerable time and therefore, detaining the petitioner behind the bars for an indefinite period would solve no purpose. Anuradha 2025.07.04 08:14 I attest to the accuracy and integrity of this document CRM-M-30822-2025 4 Reliance can be placed upon the judgment of the Apex Court rendered in “Dataram versus State of Uttar Pradesh and another”, 2018(2) R.C.R. (Criminal) 131, wherein it has been held that the grant of bail is a general rule and putting persons in jail or in prison or in correction home is an exception. Relevant paras of the said judgment is reproduced as under:- “2. 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. 3. 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. 4. While so introspecting, among the factors that need to be considered is whether the accused was arrested during investigations when that person perhaps has the best opportunity to tamper with the evidence or influence witnesses. If the investigating officer does not find it necessary to arrest an accused person during investigations, a strong case should be made out for placing that person in judicial custody after a charge sheet is filed. Anuradha 2025.07.04 08:14 I attest to the accuracy and integrity of this document CRM-M-30822-2025 5 Similarly, it is important to ascertain whether the accused was participating in the investigations to the satisfaction of the investigating officer and was not absconding or not appearing when required by the investigating officer. Surely, if an accused is not hiding from the investigating officer or is hiding due to some genuine and expressed fear of being victimised, it would be a factor that a judge would need to consider in an appropriate case. It is also necessary for the judge to consider whether the accused is a first-time offender or has been accused of other offences and if so, the nature of such offences and his or her general conduct. The poverty or the deemed indigent status of an accused is also an extremely important factor and even Parliament has taken notice of it by incorporating an Explanation to section 436 of the Code of Criminal Procedure, 1973. An equally soft approach to incarceration has been taken by Parliament by inserting section 436A in the Code of Criminal Procedure, 1973. 5. To put it shortly, a humane attitude is required to be adopted by a judge, while dealing with an application for remanding a suspect or an accused person to police custody or judicial custody. There are several reasons for this including maintaining the dignity of an accused person, howsoever poor that person might be, the requirements of Article 21 of the Constitution and the fact that there is enormous overcrowding in prisons, leading to social and other problems as noticed by this Court in In Re-Inhuman Conditions in 1382 Prisons, 2017(4) RCR (Criminal) 416: 2017(5) Recent Apex Judgments (R.A.J.) 408 : (2017) 10 SCC 658 6. The historical background of the provision for bail has been elaborately and lucidly explained in a recent decision delivered in Nikesh Tara chand Shah v. Union of India, 2017 (13) SCALE 609 going back to the days of the Magna Carta. In that decision, reference was made to Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565 in which it is observed that it was held way back in Nagendra v. King-Emperor, AIR 1924 Calcutta 476 that bail is not to be withheld as a punishment. Reference was also made to Emperor v. Hutchinson, AIR 1931 Allahabad 356 wherein it was observed that grant of bail is the rule and refusal is the exception. Anuradha 2025.07.04 08:14 I attest to the accuracy and integrity of this document CRM-M-30822-2025 6 The provision for bail is therefore age-old and the liberal interpretation to the provision for bail is almost a century old, going back to colonial days. 7. However, we should not be understood to mean that bail should be granted in every case. The grant or refusal of bail is entirely within the discretion of the judge hearing the matter and though that discretion is unfettered, it must be exercised judiciously and in a humane manner and compassionately. Also, conditions for the grant of bail ought not to be so strict as to be incapable of compliance, thereby making the grant of bail illusory.” Therefore, 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 is the mandate of the Apex court in “Balwinder Singh versus State of Punjab and Another”, SLP (Crl.) No.8523/2024. Relevant paras of the said judgment reads as under:- “7. An accused has a right to a fair trial and while a hurried trial is frowned upon as it may not give sufficient time to prepare for the defence, an inordinate delay in conclusion of the trial would infringe the right of an accused guaranteed under Article 21 of the Constitution. 8. It is not for nothing the Author Oscar Wilde in “The Ballad of Reading Gaol”, wrote the following poignant lines while being incarcerated: “I know not whether Laws be right, Or whether Laws be wrong; All that we know who be in jail Is that the wall is strong; And that each day is like a year, A year whose days are long.” As far as the pendency of other cases and involvement of the petitioner in other cases is concerned, reliance can be placed upon the order of this Court rendered in CRM-M-25914-2022 titled as Anuradha 2025.07.04 08:14 I attest to the accuracy and integrity of this document CRM-M-30822-2025 7 “Baljinder Singh alias Rock vs. State of Punjab” decided on 02.03.2023, wherein, while referring Article 21 of the Constitution of India, this Court has held that no doubt, at the time of granting bail, the criminal antecedents of the petitioner are to be looked into but at the same time it is equally true that the appreciation of evidence during the course of trial has to be looked into with reference to the evidence in that case alone and not with respect to the evidence in the other pending cases. In such eventuality, strict adherence to the rule of denial of bail on account of pendency of other cases/convictions in all probability would land the petitioner in a situation of denial of the concession of bail. 5. Relief In view of the aforesaid discussions made hereinabove, the petitioner is directed to be released on regular bail on his furnishing bail and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. However, it is made clear that anything stated hereinabove shall not be construed as an expression of opinion on the merits of the case. The petition in the aforesaid terms stands allowed. (SANDEEP MOUDGIL) JUDGE 04.07.2025 anuradha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Anuradha 2025.07.04 08:14 I attest to the accuracy and integrity of this document