[Cites 12, Cited by 0]
Punjab-Haryana High Court
Sukhwinder Khan @ Sukhwinder Singh @ ... vs State Of Punjab on 24 April, 2026
CRM-M-20995-2026 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
206
CRM-M-20995-2026
Decided on : 24.04.2026
Sukhwinder Khan @ Sukhwinder Singh @ Sukhi . . . Petitioner(s)
Versus
State of Punjab . . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. Munish Garg, Advocate
for the petitioner(s).
Mr. Manjinder S. Bhullar, DAG, Punjab.
****
SANJAY VASHISTH, J. (Oral)
1. Instant petition has been filed under Section 483 of BNSS, 2023
(earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during
the pendency of trial, who has been booked in a criminal case arising out of
First Information Report, as detailed here-under:-
Name of FIR Date Section(s) Police District
Petitioner(s) No. Station
Sukhwinder 388 09.08.2023 S. 307, 34 of IPC City Barnala Barnala
Khan @ [S. 109, 3(5) of BNS, 2023]
Sukhwinder and
Singh @ Sukhi S. 25 of Arms Act, 1959
[S. 379-B, 411, 473, 120-B
of IPC, added later on]
[S. 304, 317(2), 341(2),
61(2) of BNS, 2023]
2. On the basis of secret information, FIR in question came to be
registered against four accused persons (including the present petitioner). A
gist of the allegations, as summed up by the learned trial Court concerned, is
reproduced here-under:-
" As per case of prosecution, when on 09.08.2023. police party
headed by Inspector Baljit Singh has laid barricade near the over-bridge
on Sangrur side near Handiaya, where police party of ASI Kulwinder
Singh also came present and they were talking about the gangsters. It was
at about 02.30 pm, he received secret information that 4 gangsters related
to Bambiha Gang are coming from Tapa towards Sangrur side in car
no.PB- 22X-5258 and they are having illegal weapons. On this
information, police party was put on alert and in the meantime, one swift
car came at high speed from opposite side and the persons started firing
towards police party. Inspector Baljit Singh stopped the vehicle by firing
on front tyre of the said car. The person sitting on conductor side on front
seat alighted from the vehicle and fired towards police party, which
crossed from the pent of the Inspector Baljit Singh. After giving warning
to the accused, they were apprehended on the spot. On search of accused,
Yadwinder Singh, 0.32 bore pistol was recovered and on search of
Sukhwinder Khan, one pistol 0.30 bore was recovered. Similarly, one
0.30 bore pistol was recovered from the possession of Husanpreet Singh.
One key of the vehicle alongwith one magzine of 0.30 bore was recovered
from accused Jagsir Singh. The case property was taken into police
possession and all the accused were arrested on the spot."
3. Learned counsel for the petitioner, at the outset, without
addressing much on the merits of the case, submits that almost similarly
situated co-accused, namely, (i) Husanpreet Singh Gill, (ii) Jagsir Singh alias
Billa, and (iii) Yadwinder Singh alias Ludan, have already been granted
concession of regular bail by Coordinate Bench of this Court during the year
2024. The details thereof are as under :-
Sr. Case No. & Details Date of Order/
No. Annexure
1. CRM-M-86-2024, titled as, "Husanpreet 11.01.2024 (P-3)
Singh Gill v. State of Punjab"
2. CRM-M-63236-2023, titled as, "Jagsir 13.02.2024 (P-4)
Singh alias Billa v. State of Punjab"
3. CRM-M-31269-2024, titled as, "Yadwinder 09.07.2024 (P-5)
Singh alais Ludan v. State of Punjab"
Therefore, in view of the above and by claiming parity, learned
counsel prays for grant of concession of regular bail to the petitioner.
4. On the other hand, learned State counsel, has produced the
custody certificate dated 23.04.2026 in Court today. Same is taken on
record. Office to tag the same at appropriate place.
A copy thereof has been handed over to the petitioner's counsel.
5. Learned State counsel, while vehemently opposing the prayer
for bail, submits that the petitioner does not deserve any leniency, as he is a
habitual offender and is stated to be involved in 09 other criminal cases.
However, learned State counsel is not in a position to dispute
the factual position that the other three co-accused, against whom, there
were similar allegations, have already been granted concession of regular
bail by Coordinate Benches of this Court vide detailed orders passed during
the year 2024.
6. Considering the submissions made by learned counsel for the
parties and the material available on record, petitioner seeks concession of
regular bail primarily on the ground of parity with the other co-accused.
7. Heard.
8. It is not disputed before this Court that the other three co-
accused, namely, (i) Husanpreet Singh Gill, (ii) Jagsir Singh alias Billa, and
(iii) Yadwinder Singh alias Ludan, against whom, allegations were of similar
nature, have already been granted concession of regular bail by Coordinate
Bench of this Court vide detailed orders passed during the year 2024.
It is further a matter of record that the petitioner is inside the jail
for a period of about 02 years, 08 months and 13 days. It has also been
informed by learned State counsel that out of total cited 25 prosecution
witnesses, none has been examined so far, which shows that the trial is not
progressing at the required pace and its conclusion is likely to take
considerable time.
So far as the objection raised by learned State counsel regarding
involvement of the petitioner in other criminal cases is concerned, the same
by itself cannot be taken as an absolute bar for consideration of the prayer
for bail, particularly when similarly situated co-accused are already on bail.
7. Keeping in view the principle of parity; the prolonged period of
incarceration already undergone by the petitioner; the slow pace of trial;
without expressing any opinion on the merits of the case, this Court is of the
considered view that further detention of the petitioner inside jail would not
serve any useful purpose. Accordingly, this Court deems it appropriate to
grant the concession of regular bail to the petitioner.
Consequently, prayer made in the present petition is allowed.
Petitioner is ordered to be released on bail, subject to his 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.
8. Needless to observe that the petitioner shall not extend any
threat and shall not influence any prosecution witness in any manner directly
or indirectly.
9. 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.
10. Petition stands disposed of.
Pending misc. application(s), if any, also stand(s) disposed of.
(SANJAY VASHISTH)
JUDGE
April 24, 2026
J.Ram
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
