CRM-M-7976-2026 1 212 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-7976-2026 Date of Decision: 15.07.2026 SANDEEP THARVI ...Petitioner Vs. STATE OF HARYANA ...Respondent CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. Surjeet Singh Chahal, Advocate for the petitioner (Through Video Conferencing). Mr. Tanuj Sharma, AAG, Haryana. VIRINDER AGGARWAL , J. (Oral) 1. The present is the first petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the grant of regular bail to the petitioner in FIR No. 0200 dated 30.09.2025, registered under Section 111(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25/54/59 of the Arms Act, at Police Station Sadar Tohana, District Fatehabad (Annexure P-1). 2. As per the prosecution, the present FIR was registered on the statement of HC Randhir Singh. It is alleged that on 30.09.2025, while the police party was on patrolling duty in the area of village Pirthala, a young boy was noticed standing near the Sports Stadium, who, on seeing the police vehicle, became frightened and attempted to jump over the wall of the stadium. On suspicion, he was apprehended by the police party and disclosed his name as Shivdeep @ Shiv. It is further alleged that upon conducting his search in accordance with law, an illegal .32 bore pistol was recovered from the right pocket of his jeans and four live cartridges of .32 bore were recovered from the left pocket. The recovered articles were taken into KUMUD VERMA 2026.07.15 17:15 I attest to the accuracy and integrity of this document Chandigarh CRM-M-7976-2026 2 possession, sealed and a separate seizure memo was prepared. On the basis of the said recovery, FIR No. 0200 dated 30.09.2025 was registered under Section 25/54/59 of the Arms Act. During the course of investigation, the petitioner was nominated as an accused on the basis of the disclosure statement of the co-accused and the allegations under Section 111(2) of the Bharatiya Nyaya Sanhita, 2023 were added. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and his name does not find mention in the FIR. It is contended that the petitioner has been nominated solely on the basis of the disclosure statement of the co-accused, from whom the alleged recovery was effected, and no recovery whatsoever has been made from the petitioner. 3.1 Learned counsel further submits that the petitioner is in custody since 15.11.2025 and is not required for any further custodial interrogation. It is argued that the entire case against the petitioner is based upon a disclosure statement, which by itself has no evidentiary value unless it leads to recovery of any incriminating material. He further submits that the main accused in already on bail. 3.2 It is further submitted that the criminal antecedents of the petitioner have been wrongly projected, as apart from four cases under the Arms Act, the petitioner has already been acquitted in all other cases. Learned counsel contends that the pending cases are also based on disclosure statements and there is no substantive evidence or direct recovery against the petitioner. KUMUD VERMA 2026.07.15 17:15 I attest to the accuracy and integrity of this document Chandigarh CRM-M-7976-2026 3 3.3 Learned counsel submits that the investigation already stands concluded, the petitioner is a permanent resident having roots in society and undertakes to cooperate with the proceedings. It is argued that continued incarceration of the petitioner would serve no useful purpose and would amount to pre-trial punishment. On these grounds, learned counsel prays for grant of regular bail to the petitioner. 4. Notice of motion. 5. Mr. Tanuj Sharma, learned Assistant Advocate General, Haryana, has put in appearance on behalf of the respondent-State and has filed the custody certificate dated 14.07.2026, which is taken on record, subject to all just exceptions. As per the custody certificate, the petitioner has already undergone a total custody period of 08 months. 6. Learned State counsel opposes the grant of regular bail and submits that the petitioner has been nominated for supplying a country-made pistol to the co-accused and has been indicted under Section 111 of the Bharatiya Nyaya Sanhita, 2023, for alleged organized crime. It is further submitted that the petitioner is involved in several other criminal cases, including four cases under the Arms Act, reflecting his criminal antecedents. 7. Be that as it may, considering the custody period already undergone by the petitioner, i.e. since 15.11.2025, and the fact that the investigation stands concluded, the petitioner is no longer required for custodial interrogation. The allegations against the petitioner are primarily based on the disclosure statement of the co-accused and no recovery has been effected from him. Further, keeping in view the pendency of the trial and the likelihood of considerable time being taken in its conclusion, this Court is of KUMUD VERMA 2026.07.15 17:15 I attest to the accuracy and integrity of this document Chandigarh CRM-M-7976-2026 4 the considered opinion that continued incarceration of the petitioner would not serve any useful purpose. 8. Reliance is placed upon the judgment of the Hon’ble Apex Court in Dataram Singh v. State of Uttar Pradesh & Another, 2018 (2) R.C.R. (Criminal) 131, wherein it has been held that grant of bail is the rule and refusal thereof is an exception, and that a person is presumed to be innocent until proven guilty. It is further submitted that the right to speedy trial forms an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India, and the same has been consistently recognised by the Hon’ble Supreme Court, including in Balwinder Singh v. State of Punjab & Another (SLO (Crl.) No. 8523/2024). In the present case, the trial is likely to consume considerable time before reaching its logical conclusion. In these circumstances, continued incarceration of the petitioner would serve no useful purpose, particularly when the trial can be effectively safeguarded by imposing appropriate conditions. 9. Accordingly, the present petition is allowed, and the petitioner is ordered to be admitted on regular bail, subject to furnishing requisite bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate concerned/Illaqa Magistrate/Duty Magistrate, as the case may be, and further subject to the following conditions:- 1. The petitioner shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts and circumstances of the case so as to dissuade such person from disclosing such facts before the Court or to the investigating agency. 2. The petitioner shall not tamper with the prosecution evidence in any manner whatsoever, nor shall attempt, KUMUD VERMA 2026.07.15 17:15 I attest to the accuracy and integrity of this document Chandigarh CRM-M-7976-2026 5 directly or indirectly, to influence, intimidate, or contact any prosecution witness. 3. The petitioner shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event he is in possession of a passport, he shall furnish its particulars before the Investigating Officer as well as the learned Trial Court. 4. The learned Illaqa Magistrate/Duty Magistrate, before accepting the bail and surety bonds, shall obtain from the petitioner his permanent residential address as well as present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours from the acceptance of the bail bonds and shall place a verification report on the record. In the event either of the addresses is found to be false, fictitious, or incorrect, it shall be open to the prosecution to seek cancellation of the concession of bail in accordance with law. 5. The petitioner shall furnish before the learned Trial Court, either at the time of furnishing the bail bonds or within such period as may be specified by the Court, Permanent Account Number (PAN), Aadhaar Number, particulars of all operative bank accounts, and a declaration disclosing details of immovable properties, if any. Any concealment of material particulars or furnishing of false information shall constitute a valid ground for seeking cancellation of bail in accordance with law. 6. The petitioner shall intimate the Investigating Officer as well as the learned Trial Court, in writing, of any change in residential address or mobile number within seven days from the date of such change.7. The petitioner shall not commit any offence of a similar nature during the pendency of the trial and shall remain present before the learned Trial Court on each and every date fixed, unless his personal appearance is exempted in accordance with law. He shall not absent himself from the proceedings without obtaining prior permission of the learned Trial Court. In the event of any violation of the aforesaid conditions or his unauthorized absence from the trial proceedings, it shall be open to the learned Trial Court KUMUD VERMA 2026.07.15 17:15 I attest to the accuracy and integrity of this document Chandigarh CRM-M-7976-2026 6 to proceed in accordance with law, including cancellation of the concession of regular bail and issuance of appropriate coercive process, including warrants of arrest. (VIRINDER AGGARWAL) JUDGE 15.07.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2026.07.15 17:15 I attest to the accuracy and integrity of this document Chandigarh