CRM-M-27872-2026 1 216 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-27872-2026 Date of Decision: 16.07.2026 PARVEEN JIYANI @ MAKHAN ...Petitioner Vs. STATE OF PUNJAB ...Respondent CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. Nikhil Batta, Advocate for the petitioner (through VC). Mr. Baljinder Singh Sra, Addl. AG, Punjab. VIRINDER AGGARWAL , J. (Oral) 1. The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973) seeking the concession of regular bail to the petitioner during the pendency of trial in FIR No. 14 dated 19.01.2026, registered under Sections 308(4) (corresponding to Section 387 IPC), 308(5) (corresponding to Section 386 IPC) and 111 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Bahawala (Bahaw-Wala), District Fazilka, Punjab (Annexure P-1), in the interest of justice. 2. The prosecution case, as reflected from FIR is that while the police party was on patrolling duty, a secret informer disclosed that certain persons, including the petitioner, had allegedly formed an organised crime group in the name of Lawrence Bishnoi and were involved in demanding extortion money from businessmen, commission agents and other wealthy persons of District Fazilka by extending threats of death to them and their family members. It was further alleged that the members of the said group KUMUD VERMA 2026.07.17 17:54 I attest to the accuracy and integrity of this document Chandigarh CRM-M-27872-2026 2 used to collect information regarding prospective targets through different sources and thereafter make demands for extortion in the name of the said group. On the basis of the secret information, the police initiated proceedings and a ruqa was sent for registration of the FIR. Consequently, the present FIR was registered. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has no connection with the alleged offences. It is contended that the petitioner has been nominated merely on the basis of secret information and there is no specific allegation against him regarding making any demand of extortion, issuing any threat, or committing any overt act in the alleged occurrence. 3.1 Learned counsel further submits that the allegations levelled in the FIR are general and omnibus in nature and no specific role has been attributed to the petitioner. It is argued that the petitioner has been in custody since 19.01.2026, the investigation stands completed and the challan has already been presented before the learned Trial Court. Therefore, his further custodial incarceration is not required. It is further submitted that the petitioner is ready to abide by all the conditions that may be imposed by this Court and shall not influence the prosecution witnesses or tamper with the evidence in any manner. Learned counsel also submits that the trial is likely to take considerable time and keeping the petitioner behind bars for an indefinite period would serve no useful purpose. Accordingly, learned counsel prays that the petitioner be released on regular bail during the pendency of trial. 4. Notice of motion. KUMUD VERMA 2026.07.17 17:54 I attest to the accuracy and integrity of this document Chandigarh CRM-M-27872-2026 3 5. Mr. Baljinder Singh Sra, Addl. AG, Punjab, 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 05 months and 20 days. 6. Learned State counsel opposes the prayer for grant of regular bail and submits that the allegations against the petitioner are serious in nature. It is contended that the petitioner, along with other accused persons, has allegedly formed an organized crime group and created a sense of fear and terror in the area by making ransom/extortion calls and collecting money from businessmen and other persons by extending threats. Learned State counsel further submits that the petitioner has criminal antecedents and is involved in other criminal cases, which reflects his propensity towards criminal activities. It is argued that the allegations involve an organised crime syndicate and, therefore, the petitioner does not deserve the concession of regular bail at this stage. 7. Be that as it may, without expressing any opinion on the merits of the case, this Court finds that the petitioner has undergone substantial period of custody. The investigation in the present case stands completed and the challan has already been presented before the learned Trial Court. It is further not disputed that the petitioner is no longer required for any custodial interrogation. There is no material on record or recent information that petitioner has made any extortion call to any one or has committed any snatching, theft, robbery etc. No doubt some cases are pending against he petitioner, but there is no new material against him. It is also taken into KUMUD VERMA 2026.07.17 17:54 I attest to the accuracy and integrity of this document Chandigarh CRM-M-27872-2026 4 consideration that the case is pending before the learned Trial Court and the proceedings are likely to take considerable time to reach their logical conclusion. Keeping the petitioner in custody for an indefinite period, when the trial is yet to progress substantially, would not serve any fruitful purpose. Although the allegations against the petitioner are serious in nature and the State has opposed the bail application on the ground of the alleged involvement of the petitioner in organised criminal activities and his antecedents, the same can be adequately safeguarded by imposing appropriate conditions. The apprehension of the prosecution regarding misuse of concession of bail or influencing the witnesses can be taken care of by imposing stringent conditions. Accordingly, considering the custody period undergone by the petitioner, completion of investigation, presentation of challan, pendency of trial and the fact that the conclusion of trial is likely to take time, this Court deems it appropriate to extend the concession of regular bail to the petitioner during the pendency of trial. 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 these circumstances, continued incarceration of the petitioner would serve no useful KUMUD VERMA 2026.07.17 17:54 I attest to the accuracy and integrity of this document Chandigarh CRM-M-27872-2026 5 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, 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 KUMUD VERMA 2026.07.17 17:54 I attest to the accuracy and integrity of this document Chandigarh CRM-M-27872-2026 6 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 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 16.07.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2026.07.17 17:54 I attest to the accuracy and integrity of this document Chandigarh