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2026 DAILYLAW 32105 (PNJ)

AVTAR SINGH @ TARU v. STATE OF HARYANA

CRM-M/12526/2026 · 2026-07-16

Virinder Aggarwal

body2026

Judgment text

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CRM-M-12526-2026 1 210 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12526-2026 Date of Decision: 16.07.2026 AVTAR SINGH @ TARU ...Petitioner Vs. STATE OF HARYANA ...Respondent CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. Karan Kapoor, Advocate for the petitioner. Mr. Tanuj Sharma, AAG, Haryana. VIRINDER AGGARWAL , J. (Oral) 1. The present petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973), has been filed by the petitioner seeking grant of regular bail in case FIR No. 182 dated 07.07.2025, registered under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 392 of the Indian Penal Code, 1860), at Police Station Mullana, District Ambala (Annexure P- 1), during the pendency of trial. 2. As per the prosecution case, on 06.07.2025, complainant Kuldeep Kumar, along with his wife Usha, was travelling on his motorcycle bearing registration No. HR02-AE-0932. When they reached near Mullana Over Bridge, a young person riding a motorcycle came from behind and snatched the right ear ring of his wife after covering his face with a saffron coloured parna. Due to the incident, Usha sustained injuries to her ear and was taken for medical treatment. On the basis of the complaint, the present FIR was registered. During investigation, the petitioner was arrested on 21.08.2025 and was allegedly identified during the identification proceedings. The prosecution KUMUD VERMA 2026.07.22 10:55 I attest to the accuracy and integrity of this document Chandigarh CRM-M-12526-2026 2 further submits that the petitioner is involved in several other criminal cases and, therefore, does not deserve the concession of regular bail. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and was not named in the FIR. It is contended that as per the initial version of the complainant, the alleged assailant had covered his face and had approached from behind, therefore, the subsequent identification of the petitioner is doubtful. It is further submitted that no recovery has been effected from the petitioner and the alleged recovery has been planted. Learned counsel contends that the petitioner is in custody since 21.08.2025, investigation has been completed, challan has already been presented, and his custodial interrogation is no longer required. It is further argued that the trial is likely to take considerable time and continued incarceration of the petitioner would serve no useful purpose. Learned counsel also submits that the petitioner undertakes to abide by all the conditions imposed by this Court and shall not misuse the concession of bail. 3.1 Learned counsel further submits that the right to speedy trial is a fundamental right guaranteed under Article 21 of the Constitution of India, and the prolonged incarceration of the petitioner violates the said mandate. Reliance is placed upon the judgment of the Hon’ble Supreme Court in Satender Kumar Antil v. CBI, (2022) 10 SCC 51. 4 Learned State counsel has filed the custody certificate dated 14.07.2026 in Court today, which is taken on record, subject to all just exceptions, according to which petitioner has already undergone sentence of 10 months and 25 days. KUMUD VERMA 2026.07.22 10:55 I attest to the accuracy and integrity of this document Chandigarh CRM-M-12526-2026 3 5. 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 was arrested during investigation and was duly identified by the complainant during the identification proceedings. Learned State counsel further submits that as per the custody certificate/status report, several other criminal cases are registered against the petitioner, which reflects his criminal antecedents. It is argued that release of the petitioner on bail may result in misuse of the concession. He further submits that trial is at advanced stage. 6. This Court has considered the rival submissions and perused the record. 7. This Court has considered the submissions advanced by learned counsel for the parties and perused the material available on record. It is apparent that the petitioner is facing trial in the present case and the allegations against him pertain to commission of an offence of snatching. The petitioner was arrested during the course of investigation and the prosecution has relied upon the identification proceedings conducted during investigation. The petitioner is also stated to be involved in other criminal cases. At this stage, it is relevant to notice that the prosecution evidence is at an advanced stage before the learned Trial Court. Grant of bail at this stage may not be appropriate, as the release of the petitioner could have an impact on the ongoing trial proceedings. Keeping in view the stage of the trial, the nature and gravity of allegations, and the criminal antecedents attributed to the petitioner, this Court does not find it to be a fit case for extending the concession of regular bail to the petitioner. Accordingly, without expressing KUMUD VERMA 2026.07.22 10:55 I attest to the accuracy and integrity of this document Chandigarh CRM-M-12526-2026 4 any opinion on the merits of the case, the present petition for grant of regular bail is dismissed. 8. However, it is well settled that the right to speedy trial is an integral part of the fundamental right guaranteed under Article 21 of the Constitution of India. The petitioner has already undergone custody for a period of 10 months and 25 days, and cannot be kept incarcerated for an indefinite period awaiting conclusion of the trial. Accordingly, the learned Trial Court is directed to make all earnest endeavours to expedite the trial and proceed with the matter in accordance with law, preferably by granting effective dates for recording of prosecution evidence and ensuring expeditious conclusion of the proceedings. (VIRINDER AGGARWAL) JUDGE 16.07.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2026.07.22 10:55 I attest to the accuracy and integrity of this document Chandigarh