Narinder Singh Alias Ninder And Anr vs State Of Punjab
2026 Latest Caselaw 3672 P&H

Punjab-Haryana High Court

Narinder Singh Alias Ninder And Anr vs State Of Punjab on 22 April, 2026

                           CRM-M-31178-2025                   1

                                      IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                   AT CHANDIGARH
                           119
                                                       CRM-M-31178-2025
                                                      Decided on : 22.04.2026

                           NARINDER SINGH ALIAS NINDER AND ANR
                                                                                      ......Petitioners
                                                              Versus
                           STATE OF PUNJAB
                                                                                     ......Respondent

                           CORAM:         HON'BLE MR. JUSTICE SANJAY VASHISTH

                           Present:       Mr. Ashish Aggarwal, Advocate,
                                          for the petitioners.

                                          Mr. Neeraj Madaan, Sr. DAG, Punjab.

                                                               ****

                           SANJAY VASHISTH, J.

1. The instant petition has been filed under Section 483 of

BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the

petitioners, during the pendency of trial, who have been booked in a

criminal case arising out of First Information Report, as detailed

hereunder:-

Name of FIR Date Section(s) Police District Petitioner(s) No. Station

(1) Narinder 224 02.09.2024 110, 223, Jandiala Amritsar Singh alias 326(f), 326(g) Rural Ninder, aged of BNS and about 36 sections 3, 4, 5, years and (2) 6 of Explosive Balwinder Substances Act, Singh @ 1908 (section Ghola, aged 105 of BNS about 38 added later on years and section 110 of BNS deleted later on)

2. After hearing the submissions addressed by counsel for the

petitioners, on 10.11.2025, following order was passed by this Court:-

"1. xxxxxxxx xxxxxxxx xxxxxxxx

2. As per the case of the prosecution, on September 2, 2024, at 1:10 AM, while an official police party including INSP/SHO Mukhtiar Singh was present for patrolling and checking at T. Point Tarn Taran Bypass G.T. Road, Jandiala, a special informer arrived and provided information. The informer stated that Kuldeep Kaur had rented out her old residential house in Nangal Guru to Baldev Singh and Balwinder Singh alias Ghulla, along with Narinder Singh alias Ninder (petitioner herein) and Gaurav alias Ghugga alias Kali. These four individuals used the house to manufacture explosive substances and crackers without the landlord's permission or informing the Deputy Commissioner (D.C.). The informer reported that accused had hired the services of 7-8 persons for manufacturing the crackers. On the day of incident an explosion took place, resulting into the causing of serious injuries to 6-7 persons even the building of the house also suffered significant damage due to the explosion and the fire thereon.

3. Counsel argues that prime allegation is that petitioners are involved in illegal manufacture of explosive substances and crackers in the residential building without seeking any valid permission However, due to the said explosive no one lost the life and the persons who suffered injury were discharged from hospital long back after providing adequate treatment. Petitioners are stated to be in custody for the last more than a period of one year (since 25.10.2024) and there is a long list of 54 prosecution witnesses, who are yet to be examined before the Court, chances of early disposal of trial, are very limited. Therefore, petitioners pray for grant of bail as they cannot be kept in jail for indefinite period.

4. Since it also requires to be ascertained whether there was any intention to commit such crime or it was out of the result of negligence on the part of any particular accused.

5. On the other hand, learned State counsel submits that the petitioner is found indulged in the crime wherein around 6/10 persons have suffered injuries and damaged their residential building.

6. Learned State counsel prays for some time to meet out the direction given by this Court vide order dated 08.09.2025.

7. Custody certificate filed by learned State counsel is taken on record. Copy thereof has been supplied to learned counsel for the petitioner.

8. List again on 19.01.2026."

3. Allegations against both the petitioners are that they were

found in possession of explosive substances within a residential area for

the purpose of manufacturing firecrackers, without obtaining the requisite

permission from the competent authority.

4. Learned counsel for the petitioners submits that both the

petitioners belong to a financially weak background. Petitioner No.1-

Narinder Singh @ Ninder, is engaged in the occupation of selling kites,

while Petitioner No. 2-Balwinder Singh @ Ghola, earns his livelihood by

selling sugarcane juice.

It is further submitted that petitioners are aged 36 and 38

years, respectively, and have no prior criminal antecedents, except of

their involvement in the present case.

5. Counsel contends that whether the alleged act was carried

out with an intention to cause harm or was merely a result of negligence,

is a matter to be determined during the course of trial, upon appreciation

of the complete evidence on record.

It is also submitted that both the petitioners are in judicial

custody since 25.10.2024, i.e., for approximately one year and five

months. Investigation in the present case has already been completed.

However, out of total 52 prosecution witnesses, none has been examined

so far. Consequently, conclusion of the trial is likely to take a

considerable amount of time. Thus, counsel prays for grant of regular bail

to both the petitioners in the present case.

6. In response to the arguments addressed by learned counsel

for the petitioner, learned State counsel, produces the custody certificates

of both the petitioners dated 21.04.2026 in Court today, which are taken

on record. Office to tag the same at appropriate place. A copy thereof has

been handed over to the counsel for the petitioners.

As per the custody certificates, in the present case, both the

petitioners have already undergone 01 year 05 months and 24 days period

inside jail and there is no other case registered against him.

7. Learned State counsel is unable to dispute any of the factual

assertion as stated by counsel for the petitioner today before this Court.

However, he prays for dismissal of the present petition.

8. This Court has heard the submissions addressed by counsel

for the parties and has also gone through the record available before it.

9. In view of totality of circumstances, and the facts/allegations

levelled against the petitioners, and the factors noticed here above,

including the total incarceration period undergone by both the petitioners

and stage of trial, this Court deems it appropriate to grant the concession

of bail to the petitioners.

Consequently, prayer made in the present petition is allowed.

Petitioners are ordered to be released on bail, subject to their furnishing

bail/surety bonds to the satisfaction of the learned trial Court/ Chief

Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not

required in any other case.

10. Needless to observe that the petitioners shall not extend any

threat and shall not influence any prosecution witness in any manner

directly or indirectly.

11. Any of the discussion done and recorded here above, shall

not be construed as an expression of opinion on the facts of the case.

Therefore, trial Court is expected to decide the case by taking an

independent view, on the basis of evidence available on record, as

expeditiously as possible, in accordance with law.

12. Petition stands disposed of.

(SANJAY VASHISTH) JUDGE 22.04.2026 Lavisha Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO