Punjab-Haryana High Court

Jabarjang Singh Alias Jabra vs State Of Punjab on 13 November, 2025

CRM-M No.62705 of 2025                                                    -1-


        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH
238
                                      *****

                                                   CRM-M No.62705 of 2025
                                                  Date of decision : 13.11.2025

Jabarjang Singh @ Jabra                                  .............Petitioner
                                        Versus
State of Punjab                                           .......Respondent

CORAM: HON'BLE MR. JUSTICE SUMEET GOEL

Present: Mr. Sandeep Gahlawat, Advocate and
         Ms. Amandeep Kaur, Advocate, for the petitioner

           Mr. Baljinder Singh Sra, Addl. AG, Punjab

           ---

SUMEET GOEL, J. (ORAL)

1. Present petition has been filed under Section 439 of the Cr.P.C.

for grant of regular bail to the petitioner in case FIR No.28 dated

4.2.2020, under Sections 302, 382, 483, 201 and 34 of the IPC and

Section 25 of Arms Act, 1959, registered at Police Station Lehra, District

Sangrur.

2. The case set up in the FIR in question (as set out in the present

petition by the petitioner) is as follows:-

'Copy of Statement of Daljit Singh S/o Joga Singh R/o Village Hariayu, P.S. Lehra, aged about 29 years, mobile phone No. 95922-92401. Stated that I am resident of abovesaid address and running a cloth shop in Lehra. My elder sister namely Gurpreet Kaur got married with Jagmohan Singh @ Mohni S/o Bhagwant Singh R/o Ward No.10, Lehra in the year 2012. On 03.02.2020 at about 5/6 A.M., my brother-in-law Jagmohan Singh @ Mohni working went to Bhuna, District Fatehabad, Haryana in his 1-20

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car bearing No. PB-75-1440 to bring the medicine of his mother as he earlier also used to bring medicine from there. When he did not come to home till late night and we could not make contact with him on his mobile phone. Then, I along with my father Joga Singh S/o Darshan Singh, Rajbir Singh S/o Palwinder Singh R/o Hariyau, Jasvir Singh S/o Gurnam Singh R/o Ward No.10, Lehra went towards Jakhal, Haryana side in a car.

Today on 04.02.2020 at about 12.15 A.M., we saw the some public gathering before the Talwara Railway Barricade at T Point on Guru Nanak Nagar, Chudal Kalan opposite Punjab alcohol shop. The electricity bulb were glowing there and we went closer then a dead body of young man covered in blood was laying on the ground and huge amount of blood was also on the ground near the dead body. When we tried to identify the body then the same was found to be dead body of my brother-in-law Jagmohan Singh @ Mohni aged about 30/32 years. When we checked the dead body thoroughly then there seems to be head injury and blood was oozing out of head and ear. Bullet marks were also seen on the back. We think that he was murdered by some unknown persons. Then after leaving my father Joga Singh and Javir Singh to care the dead body; I alongwith Rajvir Singh abovesaid were going to PP Chottian to inform about the same but you met me at Bus stand Chudal Kalan. My brother-in-law Jagmohan Singh was murdered by some unknown persons by causing him bodily injuries and firing bullets. The unknown persons have fled away after snatching his 1-20 bearing registration No.PB75-1440. Action be taken against unknown persons. I got recorded the statement with you at Bus Stand Chudal Kalan, which is found to be correct on reading.

Sd/- (Daljit Singh).'

3. Learned counsel for the petitioner has argued that the petitioner

is in custody since 17.3.2020. Learned counsel has further argued that the

petitioner was not named as an accused in the FIR and his name was

figured later on in supplementary statement made by FIR-complainant

Daljit Singh, who when examined as prosecution witness has turned

hostile. Learned counsel has further argued that the trial is procrastinating

and the folly thereof cannot be fastened upon the petitioner and the

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petitioner is languishing in gaol for more than one year. Thus, regular

bail is prayed for.

4. Learned State counsel has opposed the present petition by

arguing that the allegations raised are serious in nature and thus the

petitioner does not deserve the concession of the regular bail. Learned

State counsel seeks to place on record custody certificate dated

12.11.2025 in Court, which is taken on record.

5. I have heard counsel for the parties and have gone through the

available records of the case.

6. The petitioner was arrested on 17.3.2020 wherein after

investigation was carried out and challan stands presented on 9.6.2020.

Charges in the present case were framed on 1.9.2021. Total 41

prosecution witnesses have been cited. It is not in dispute that only 14

witnesses have been examined till date. Thus it is indubitable that

conclusion of the trial will take its own time. The rival contention,

including the weightage required to be attached to the testimony of the

hostile witness PW-Daljit Singh; shall be gone into during the course of

trial. This Court does not deem it appropriate to delve deep into these

rival contentions, at this stage, lest it may prejudice the trial. Nothing

tangible has been brought forward to indicate the likelihood of the

petitioner absconding from the process of justice or interfering with the

prosecution evidence.

6.1 As per custody certificate dated 12.11.2025 filed by learned

State counsel, the petitioner has already suffered incarceration for a period

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of more than 4 years, 11 month and 17 days. As per the said custody

certificate, the petitioner is stated to be involved in multiple other cases/

FIRs. Indubitably, the antecedents of a person are required to be

accounted for while considering a regular bail petition preferred by him.

However, this factum cannot be a ground sufficient by itself, to decline

the concession of regular bail to the petitioner in the FIR in question when

a case is made out for grant of regular bail qua the FIR in question by

ratiocinating upon the facts/circumstances of the said FIR. Reliance in this

regard can be placed upon the judgment of the Hon'ble Supreme Court in

Maulana Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1)

RCR (Criminal) 586; a Division Bench judgment of the Hon'ble Calcutta

High Court in case of Sridhar Das v. State, 1998 (2) RCR (Criminal)

477 & judgments of this Court in CRM-M No.38822-2022 titled as

Akhilesh Singh v. State of Haryana, decided on 29.11.2021, and Balraj

v. State of Haryana, 1998 (3) RCR (Criminal) 191.

6.2 The trial is indeed procrastinating. At this juncture It would be

apposite to refer herein to a judgment passed by the Hon'ble Supreme

Court in Criminal Appeal No.2787 of 2024 titled as Javed Gulam Nabi

Shaikh vs. State of Maharashtra and another, decided on 03.07.2024;

relevant whereof reads as under:-

"19 If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective

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of the nature of the crime.

20. We may hasten to add that the petitioner is still an accused; not a convict. The over-arching postulate of criminal jurisprudence that an accused is presumed to be innocent until proven guilty cannot be brushed aside lightly. howsoever stringent the penal law may be.

21. We are convinced that the manner in which the prosecuting agency as well as the Court have proceeded, the right of the accused to have a speedy trial could be said to have been infringed thereby violating Article 21 of the Constitution."

Suffice to say, further detention of the petitioner as an undertrial

is not warranted in the facts and circumstances of the case.

7. In view of above, the present petition is allowed. Petitioner is

ordered to be released on regular bail on his furnishing bail/surety bonds

to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However,

in addition to conditions that may be imposed by the concerned

CJM/Duty Magistrate, the petitioner shall remain bound by the following

conditions:-

(i) The petitioner shall not mis-use the liberty granted.

(ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail.

(v) The petitioner shall deposit his passport, if any, with the trial Court.

(vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.