CRM-M-37959-2026 (O&M) -:1:- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (228) CRM-M-37959-2026 (O&M) Date of Decision:20.07.2026 SUKHWINDER SINGH @ SIKKI … Petitioner Versus STATE OF PUNJAB ... Respondent -.- CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. Abhinav Singla, Advocate for the petitioner. Mr. Baljinder Singh Sra, Addl. A.G. Punjab. -.- VIRINDER AGGARWAL , J . (Oral) 1. The present petition has been instituted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to erstwhile Section 439 of the Code of Criminal Procedure, 1973) seeking the concession of regular bail in FIR No. 9 dated 18.01.2021 (Annexure P-1), registered at Police Station Goindwal Sahib, District Tarn Taran, initially under Sections 397 and 379-B(2) of the Indian Penal Code, 1860, and Section 25 of the Arms Act, 1959, with Sections 341, 148 and 149 IPC having been added during the course of investigation. 2. Briefly stated, the prosecution case is founded upon a complaint lodged by Kultar Singh, son of Dharam Singh, resident of Village Warring, Police Station Goindwal Sahib, District Tarn Taran. It is alleged that on 18.01.2021, at about 10:40 A.M., while the complainant, GAURAV SOROT 2026.07.21 10:04 I attest to the accuracy and integrity of this document CRM-M-37959-2026 (O&M) -:2:- accompanied by Harwant Singh and other relatives, was travelling in his white Pulse car bearing registration No. PB-02-BT-6301 to attend a function at Village Vandala, they were intercepted near Dilawalpur Kothi Adda by five unidentified persons armed with illegal firearms. The assailants allegedly restrained the vehicle, and one of them fired a shot to intimidate the occupants. Under threat of deadly weapons and in fear for their lives, the complainant and his companions were compelled to alight from the vehicle and hand over its keys, whereupon the assailants forcibly decamped with the car. Thereafter, the complainant and his companions arranged an alternative vehicle through their relatives and proceeded to attend the function. On the basis of the aforesaid allegations, the present FIR came to be registered and investigation was set into motion. 3. The custody certificate tendered by learned State counsel is ordered to be taken on record, subject to all just exceptions. 4. I have heard learned counsel for the respective parties at considerable length and have carefully perused the paper book as well as the material placed on record with their able assistance. 5. A perusal of the custody certificate reveals that the petitioner has remained in judicial custody for 03 years, 06 months and 28 days since 19.12.2022. It is not disputed that the petitioner was not named in the FIR and came to be implicated during the course of investigation primarily on the basis of a disclosure statement. Significantly, no Test Identification Parade (TIP) was ever conducted, nor was the petitioner identified by any prosecution witness during the investigation. Although the learned State GAURAV SOROT 2026.07.21 10:04 I attest to the accuracy and integrity of this document CRM-M-37959-2026 (O&M) -:3:- counsel has pointed out that several other criminal cases are pending against the petitioner, such antecedents, by themselves, cannot constitute an absolute ground to deny the concession of regular bail, particularly where the facts and circumstances of the present case otherwise justify such relief. 5.1. It is further evident from the record that charges were framed on 04.09.2023, yet despite the lapse of nearly 34 months from the commencement of trial, the prosecution has succeeded in examining only 02 witnesses out of the total 37 cited witnesses. The progress of the trial is thus conspicuously sluggish, and its conclusion does not appear to be imminent. 5.2. The right to a speedy trial is an inseparable facet of the guarantee of life and personal liberty enshrined under Article 21 of the Constitution of India. An undertrial cannot be subjected to prolonged or indefinite incarceration merely on account of pendency of other criminal cases. Criminal antecedents, though a relevant consideration, cannot eclipse the constitutional mandate requiring expeditious conclusion of criminal proceedings. Having regard to the nature of the allegations, the manner of implication of the petitioner, the absence of any Test Identification Parade, the prolonged period of custody already undergone, and the remote likelihood of the trial concluding within a reasonable time, this Court is of the considered opinion that no useful purpose would be served by further continuing the petitioner's incarceration pending trial. GAURAV SOROT 2026.07.21 10:04 I attest to the accuracy and integrity of this document CRM-M-37959-2026 (O&M) -:4:- 5.3. Consequently, without expressing any opinion on the merits of the case, lest it may prejudice either party during the course of trial, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing adequate bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned, as the case may be, and further subject to the following conditions:- i. The petitioner(s) 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. ii. The petitioner(s) shall not tamper with the prosecution evidence in any manner whatsoever, nor shall the petitioner(s), directly or indirectly, attempt to influence, intimidate, or contact any prosecution witness. iii. The petitioner(s) shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event any of the petitioner(s) is in possession of a passport, the particulars thereof shall be furnished before the Investigating Officer as well as the learned Trial Court. iv. Before accepting the bail and surety bonds, the learned Illaqa Magistrate/Duty Magistrate/C.J.M. concerned shall obtain from the petitioner(s) the permanent residential address as well as the present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours of the acceptance GAURAV SOROT 2026.07.21 10:04 I attest to the accuracy and integrity of this document CRM-M-37959-2026 (O&M) -:5:- of the bail bonds and place a verification report on record. In the event any 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. v. The petitioner(s) 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, the 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 the concession of bail in accordance with law. vi. The petitioner(s) 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 of such change. vii. The petitioner(s) 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 personal appearance is exempted in accordance with law. The petitioner(s) shall not absent from the proceedings without obtaining prior permission of the learned Trial Court. In the event of violation of any of the aforesaid conditions or 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 bail and issuance of appropriate coercive process, including warrants of arrest. GAURAV SOROT 2026.07.21 10:04 I attest to the accuracy and integrity of this document CRM-M-37959-2026 (O&M) -:6:- 6. In view of the final adjudication of the principal matter, all pending miscellaneous applications, if any, arising out of or ancillary to the present proceedings shall also stand disposed of accordingly. No separate or further orders are called for in respect of such applications, the same having been rendered infructuous in consequence of the present adjudication. ( VIRINDER AGGARWAL) 20.07.2026 JUDGE Gaurav Sorot Whether reasoned / speaking? Yes / No Whether reportable? Yes / No GAURAV SOROT 2026.07.21 10:04 I attest to the accuracy and integrity of this document