IN THE HIGH COURT OF PUNJAB & HARYANA 210 PAWAN @ PONA STATE OF HARYANA CORAM: Present: MANJARI NEHRU KAUL, J. (ORAL) 1. 439 of Code of Criminal Procedure, 1973 petitioner in case FIR No. 149, 302, 309, 323, 303, 109, 120 and Sections 25, 54, 59 of the Arms Act, 1959, registered at Police Station Azad Nagar, District 2. of 01.08.2019 at about 7 a.m., the complaint, who was then posted at the reception of the Central Jail, Hisar, received information through the wireless set that a fight had broken out near the gate reaching the spot, Mandeep and Wardens unsuccessfully, to separate the inmates engaged in a violent brawl. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-42921 Date of decision: PONA Versus HARYANA HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. Siddharth, Advocate for the petitioner. Mr. G.S. Chhina, Sr. DAG, Haryana MANJARI NEHRU KAUL, J. (ORAL) The instant petition is the second petition Code of Criminal Procedure, 1973 petitioner in case FIR No.311 dated 01.08.2019 149, 302, 309, 323, 303, 109, 120-B, 180, 325 and Sections 25, 54, 59 of the Arms Act, 1959, registered at Police Station , District Hisar (Annexure P-1). As per the version in the FIR (Annexure P of 01.08.2019 at about 7 a.m., the complaint, who was then posted at the reception of the Central Jail, Hisar, received information through the that a fight had broken out near the gate reaching the spot, the complainant found that Head Wardens Mandeep and Wardens Hanuman and Shamsher unsuccessfully, to separate the inmates engaged in a violent brawl. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 42921-2024 Date of decision: September 24, 2025 .....Petitioner .....Respondent HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Chhina, Sr. DAG, Haryana. is the second petition filed under Section for grant of regular bail to the 01.08.2019 under Sections 147, 148, B, 180, 325 of Indian Penal Code, 1860 and Sections 25, 54, 59 of the Arms Act, 1959, registered at Police Station As per the version in the FIR (Annexure P-1), on the morning of 01.08.2019 at about 7 a.m., the complaint, who was then posted at the reception of the Central Jail, Hisar, received information through the that a fight had broken out near the gate of Male Ward No.1. On the complainant found that Head Wardens Subhash and Hanuman and Shamsher were attempting, though unsuccessfully, to separate the inmates engaged in a violent brawl. Petitioner .....Respondent filed under Section bail to the 147, 148, Indian Penal Code, 1860 and Sections 25, 54, 59 of the Arms Act, 1959, registered at Police Station on the morning of 01.08.2019 at about 7 a.m., the complaint, who was then posted at the reception of the Central Jail, Hisar, received information through the of Male Ward No.1. On hash and were attempting, though Jaspreet Kaur 2025.09.25 14:57 I attest to the accuracy and integrity of this document Chandigarh CRM-M-42921 3. referred to as ‘deceased’), Talwinder and Harjeet were being assaulted the accused including the with co-accused Jagdish @ Dukhi, was armed with sharp (sua) and inflicted injuries upon the deceased on his chest. co-accused Azad, Parveen, Rajnish also joined the assault a kicks and fist blows to Talwinder and 4. colleagues managed to separate the fighting inmates and locked them back in their respective cells. sustained multiple injuries, were taken to the jail hospital, provided first aid, and thereafter, referred to the Government Hospital, Hisar, where Ravinder (deceased) later succumbed to his 5. has been falsely implicated in the instant case. It is contended that the FIR does not attributed any specific or occurrence. It is further urged 08.08.2019, but the trial has not 19.09.2025, and hence, there is little likelihood of the trial concluding in the near future. On the strength the petitioner deserves to be enlarged on bail. the learned counsel for the petitioner that 42921-2024 It is specifically alleged that referred to as ‘deceased’), Talwinder and Harjeet were being assaulted the accused including the petitioner. Further, the present petitioner along accused Jagdish @ Dukhi, was armed with sharp ) and inflicted injuries upon the deceased on his chest. accused Azad, Parveen, Rajnish also joined the assault a kicks and fist blows to Talwinder and Harjeet. With the assistance of additional staff, the complainant colleagues managed to separate the fighting inmates and locked them back in their respective cells. Deceased, Talwinder and sustained multiple injuries, were taken to the jail hospital, provided first aid, and thereafter, referred to the Government Hospital, Hisar, where Ravinder (deceased) later succumbed to his injuries. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the instant case. It is contended that the FIR does not attributed any specific or overt role to the petitioner in the alleged occurrence. It is further urged that the petitioner has been in custody since 08.08.2019, but the trial has not concluded; rather, charges were framed on 19.09.2025, and hence, there is little likelihood of the trial concluding in the On the strength of his prolonged custody the petitioner deserves to be enlarged on bail. the learned counsel for the petitioner that a similarly placed co -2- It is specifically alleged that inmates Ravinder (hereinafter referred to as ‘deceased’), Talwinder and Harjeet were being assaulted by all petitioner. Further, the present petitioner along accused Jagdish @ Dukhi, was armed with sharp-edged weapons ) and inflicted injuries upon the deceased on his chest. At that stage, accused Azad, Parveen, Rajnish also joined the assault and administered Harjeet. With the assistance of additional staff, the complainant and his colleagues managed to separate the fighting inmates and locked them back Deceased, Talwinder and Harjeet, who had sustained multiple injuries, were taken to the jail hospital, provided first aid, and thereafter, referred to the Government Hospital, Hisar, where Ravinder Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the instant case. It is contended that the FIR overt role to the petitioner in the alleged that the petitioner has been in custody since cluded; rather, charges were framed on 19.09.2025, and hence, there is little likelihood of the trial concluding in the his prolonged custody, it has been prayed that the petitioner deserves to be enlarged on bail. It has also been submitted by a similarly placed co-accused was inmates Ravinder (hereinafter by all petitioner. Further, the present petitioner along edged weapons At that stage, nd administered and his colleagues managed to separate the fighting inmates and locked them back Harjeet, who had sustained multiple injuries, were taken to the jail hospital, provided first aid, and thereafter, referred to the Government Hospital, Hisar, where Ravinder Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the instant case. It is contended that the FIR overt role to the petitioner in the alleged that the petitioner has been in custody since cluded; rather, charges were framed on 19.09.2025, and hence, there is little likelihood of the trial concluding in the , it has been prayed that It has also been submitted by Jaspreet Kaur 2025.09.25 14:57 I attest to the accuracy and integrity of this document Chandigarh CRM-M-42921 granted the concession of b annexed as Annexure P 6. prayer and submissions made by the counsel opposite. It has been submitted by the learned State counsel that FIR with a clear and categorical role attributed to him, i.e. with a sua on the chest of the deceased weapon of offence was recovered from the petitioner. 7. certificate of the petitioner, which involved in as many as 38 other FIRs of heinous nature including those related to murder. in jail, actively participated in hatching a conspiracy perpetrating the murderous assault upon the deceased As per the learned State counsel, on instructions, the delay in the trial is also attributable to the involvement of the petitioner in multiple criminal cases his production before different Courts. habitual offender on bail would pose a serious threat of his indulging in further offences of similar nature 8. relevant material placed on record. 42921-2024 granted the concession of bail by this Court on 09.08.2023 vide order annexed as Annexure P-3. Per contra, learned State counsel has vehemently opposed the prayer and submissions made by the counsel opposite. It has been submitted by the learned State counsel that the petitioner is specifically named in the FIR with a clear and categorical role attributed to him, i.e. on the chest of the deceased. It is further pointed out that the weapon of offence was recovered from the petitioner. Learned State counsel has also placed on record the custody certificate of the petitioner, which reveals that he is a habitual offender involved in as many as 38 other FIRs of heinous nature including those related to murder. It is submitted that the petitioner, even while being lodged in jail, actively participated in hatching a conspiracy perpetrating the murderous assault upon the deceased As per the learned State counsel, on instructions, the delay in the trial is also attributable to the involvement of the petitioner in multiple criminal cases tion had to be secured in several other criminal cases pending before different Courts. It is further urged that habitual offender on bail would pose a serious threat of his indulging in offences of similar nature and intimidating or influencing witnesses. I have heard learned counsel for the parties and perused the relevant material placed on record. -3- ail by this Court on 09.08.2023 vide order State counsel has vehemently opposed the prayer and submissions made by the counsel opposite. It has been submitted the petitioner is specifically named in the FIR with a clear and categorical role attributed to him, i.e. inflicting injuries It is further pointed out that the weapon of offence was recovered from the petitioner. Learned State counsel has also placed on record the custody reveals that he is a habitual offender involved in as many as 38 other FIRs of heinous nature including those It is submitted that the petitioner, even while being lodged in jail, actively participated in hatching a conspiracy, and thereafter in perpetrating the murderous assault upon the deceased and injured persons. As per the learned State counsel, on instructions, the delay in the trial is also attributable to the involvement of the petitioner in multiple criminal cases, as had to be secured in several other criminal cases pending It is further urged that releasing such a hardened and habitual offender on bail would pose a serious threat of his indulging in intimidating or influencing witnesses. I have heard learned counsel for the parties and perused the ail by this Court on 09.08.2023 vide order State counsel has vehemently opposed the prayer and submissions made by the counsel opposite. It has been submitted the petitioner is specifically named in the inflicting injuries It is further pointed out that the Learned State counsel has also placed on record the custody reveals that he is a habitual offender involved in as many as 38 other FIRs of heinous nature including those It is submitted that the petitioner, even while being lodged after in . As per the learned State counsel, on instructions, the delay in the trial is also as had to be secured in several other criminal cases pending releasing such a hardened and habitual offender on bail would pose a serious threat of his indulging in I have heard learned counsel for the parties and perused the Jaspreet Kaur 2025.09.25 14:57 I attest to the accuracy and integrity of this document Chandigarh CRM-M-42921 9. serious and grave in nature. He is specifically named in the FIR and a specific role is attributed to him of inflicting person of the deceased, which resulted in his death. has also been recovered at the instance of the petitioner. 10. committed the present offence while being lodged in jail in connection with other cases of heinous nature custody certificate, show his involvement in as many as 38 other FIRs, including for offences of murder. with a propensity 11. facts of the present case, as the delay in trial is not attributable to any lapse on part of the prosecution the petitioner is involved. 12. allegations, the conduct of the petitioner, and his antecedents, does not deem it fit to extend the concession of regular bail to the petitioner. 13. 42921-2024 Prima facie, the allegations levelled against the petitioner are serious and grave in nature. He is specifically named in the FIR and a specific role is attributed to him of inflicting f the deceased, which resulted in his death. has also been recovered at the instance of the petitioner. What aggravates the matter further is the fact that the petitioner committed the present offence while being lodged in jail in connection with other cases of heinous nature. His criminal antecedents, as reflected in the custody certificate, show his involvement in as many as 38 other FIRs, including for offences of murder. This indicates that he is a habitual offender with a propensity to indulge in serious crimes. The plea of prolonged custody loses significance in the peculiar facts of the present case, as the delay in trial is not attributable to any lapse on part of the prosecution but rather to the multiple criminal cases, in which the petitioner is involved. In these circumstances, and keeping in mind the nature of allegations, the conduct of the petitioner, and his antecedents, does not deem it fit to extend the concession of regular bail to the petitioner. Accordingly, the instant petition st -4- , the allegations levelled against the petitioner are serious and grave in nature. He is specifically named in the FIR and a specific role is attributed to him of inflicting injuries with a sua on the f the deceased, which resulted in his death. The weapon of offence has also been recovered at the instance of the petitioner. What aggravates the matter further is the fact that the petitioner committed the present offence while being lodged in jail in connection with . His criminal antecedents, as reflected in the custody certificate, show his involvement in as many as 38 other FIRs, indicates that he is a habitual offender to indulge in serious crimes. plea of prolonged custody loses significance in the peculiar facts of the present case, as the delay in trial is not attributable to any lapse but rather to the multiple criminal cases, in which In these circumstances, and keeping in mind the nature of allegations, the conduct of the petitioner, and his antecedents, this Court does not deem it fit to extend the concession of regular bail to the petitioner. Accordingly, the instant petition stands dismissed. , the allegations levelled against the petitioner are serious and grave in nature. He is specifically named in the FIR and a on the e weapon of offence What aggravates the matter further is the fact that the petitioner committed the present offence while being lodged in jail in connection with . His criminal antecedents, as reflected in the custody certificate, show his involvement in as many as 38 other FIRs, indicates that he is a habitual offender plea of prolonged custody loses significance in the peculiar facts of the present case, as the delay in trial is not attributable to any lapse but rather to the multiple criminal cases, in which In these circumstances, and keeping in mind the nature of this Court Jaspreet Kaur 2025.09.25 14:57 I attest to the accuracy and integrity of this document Chandigarh CRM-M-42921 14. shall not be case. September 24 Jaspreet Kaur 42921-2024 However, it is made clear that anything observed hereinabove shall not be construed to be an expression of op September 24, 2025 Whether speaking/reasoned Whether reportable -5- However, it is made clear that anything observed hereinabove construed to be an expression of opinion on the merits of the (MANJARI NEHRU KAUL) JUDGE : Yes/No : Yes/No However, it is made clear that anything observed hereinabove inion on the merits of the Jaspreet Kaur 2025.09.25 14:57 I attest to the accuracy and integrity of this document Chandigarh