Citation : 2026 Latest Caselaw 3833 P&H
Judgement Date : 27 April, 2026
CRM-M-42399-2025 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
214
CRM-M-42399-2025 (O&M)
Date of decision: 27.04.2026
Sunhera Singh alias Sunhera
....Petitioner
Versus
State of Punjab and Another
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Kapish Singla, Advocate for the petitioner
Mr. Manipal Singh Atwal, DAG Punjab
*****
AMAN CHAUDHARY, J. (ORAL)
1. Prayer in the present petition filed under Section 483 BNSS is for
grant of regular bail to the petitioner in case FIR No.3 dated 17.01.2023,
registered under Sections 13(1)(a), 13(2) of Prevention of Corruption Act along
with 409, 420, 120-B IPC at Police Station Vigilance Bureau, District Mohali.
2. Learned counsel contends that the petitioner has been in custody
since 11.06.2025, a fact as has been admitted in para 6 of the status report dated
25.09.2025 filed by Deputy Superintendent of Police, Vigilance Bureau, Mohali
Unit. It is a case of civil dispute with regard to an agreement that was allegedly
entered into between him through one Surender Singh, who is his nephew-the
main accused and the complainant, with regard to a plot. Co-accused Daljit
Singh-Senior Assistant, GMADA, Mahesh Bansal-Estate Officer and
Parminderjeet Singh Singh-to whom the said plot was subsequently sold, have
been granted bail, while co-accused Gurdeep Singh-Record Keeper stands
discharged on 22.09.2023. There was no illegality in the letter of intent that has
been issued and his nephew had sold the plot being his power of attorney.
Challan was presented on 31.07.2025, however, charges have not been framed
and in all there are 10 prosecution witnesses. The petitioner is not involved in
any other case.
3. Learned State counsel opposes the bail on the ground that there are
specific allegations against the petitioner of having duped the complainant and
the said plot having been subsequently sold to Parminderjeet Singh by his
nephew. However, he is unable to controvert the submissions with regard to
stage, co-accused having been granted bail and the petitioner being on bail in
other cases/not involved in any other case.
4. Heard.
5. Considering the facts and circumstances of the case, in particular
that the petitioner is in custody for the last 10 months and 16 days; not involved
in any other case; co-accused are on bail; challan stands presented on
31.07.2025, however, charges are yet to be framed and there are a total of 10
prosecution witnesses, the trial is likely to take a considerable time, further
incarceration of the petitioner would be violative of his right enshrined under
Article 21 of the Constitution of India, the present petition is allowed.
6. The petitioner is ordered to be released on regular bail, subject to
furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate
concerned, if not required in any other case and shall abide by the following
conditions:-
(i) The petitioner will not tamper with the evidence during the trial.
(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.
(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.
(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of.
(v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.
(vi) The petitioner shall not in any manner misuse his liberty.
(vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court.
(viii) The petitioner shall not leave the country without prior permission of the trial Court.
(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.
7. It is made abundantly clear that in case there is any breach of the
aforesaid conditions, the State shall be at liberty to seek cancellation of bail as
granted to the petitioner by this order.
8. In view of the above, it is clarified that the observations made
herein above are limited for the purpose of present proceedings and would not
be construed as any opinion on the merits of the case and the trial would
proceed independently of the aforesaid observations.
(AMAN CHAUDHARY) JUDGE 27.04.2026 M.Kamra
Whether speaking/reasoned : Yes / No Whether reportable : Yes / No
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