[Cites 2, Cited by 0]
Punjab-Haryana High Court
Jaswinder Kumar Alias Binda vs State Of Punjab on 30 April, 2026
CRM-M-22960-2026 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
221
CRM-M-22960-2026
Date of decision : 30.04.2026
Date of uploading : 30.04.2026
Jaswinder Kumar Alias Binda .............Petitioner
Versus
State Of Punjab .......Respondent
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present: Mr. Kapil Khanna, Advocate for the petitioner.
Mr. Jaypreet Singh, DAG, Punjab.
---
SUMEET GOEL, J. (ORAL)
1. Present petition has been filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of
regular bail to the petitioner in case FIR No.0027 dated 16.02.2026 under
Section 25 of Arms Act and Section 54 of Arms Act added later on,
registered at Police Station Sadar Nawanshahar, District SBS Nagar.
2. The case set up in the FIR in question (as set out in the present
petition by the petitioner) is as follows:-
"Balwinder Kumar 433/SBS Nagar CIA Staff Nawanshahr, Constable
Navdeep Singh 338/SBS Nagar CIA Staff Nawanshahr, Constable Shivjot
S Moudgil 3289/TSS in Police vehicle No.PB65-BG-6326 whose driver
Senior Constable Jasvir Singh 553/SBS Nagar alongwith Laptop Printer
were on patrolling on the bridge on Canal Village Kariha then special
informer informed me SI that Jaswinder Kumar alias Jass son of Sarabjit
Ram resident of Gunchaur, Post Office Mukandpur and Jaswinder Kumar
alias Binda resident of Gunachaur Police Station Mukandpur, today with
intention to commit some conspiracy alongwith illegal weapon are
roaming on the turn of village Kariyha some for away of Rail line side, if
raid be conducted then illegal weapon can be apprehended which
information seems to be trustworthy and firm fulfills ingredients of Section
25 of Arms Act 1959, on which case for registration against jaswinder
Kumar alias Jass son of Sarabjit Ram resident of Gunchaur, Post Office
Mukandpur and Jaswinder Kumar alias Binda resident of Gunachaur
Police Station Mukandpur under above section for registering by willing
by hand senior constable Jasvir Singh 553/SBS Nagar sent to Police
Station after registration case number be informed, special report issued
sent in service of Ld. Illaqa Magistrate Sahib and officers control room be
informed. I SI alongwith co-policemen are going to raid. SD/- Rashpal
Ram SI Police Station Sadar Nawanshahr, dated 16.02.2026 today in the
jurisdiction of village Kaliha at 9:00 PM."
3. Learned counsel for the petitioner has argued that the petitioner
is in custody since 16.02.2026. Learned counsel has further argued that
the petitioner has been falsely implicated in the FIR in question primarily
on account of his antecedent. Learned counsel has further submitted that
the mandatory provisions of the BNSS have not been scrupulously
complied with, and thus the recovery in question cannot be read against
the petitioner. Learned counsel has further submitted that, upon
culmination of the investigation, the challan already stands presented, and
the conclusion of the trial will take a long time. 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
29.04.2026 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 16.02.2026 wherein after
investigation was carried out and challan stands presented on 15.04.2026.
Total 10 prosecution witnesses have been cited but none has been
examined till date. It is thus indubitable that culmination of trial will take
its own time. The rival contentions raised by learned counsel give rise to
debatable issues which shall be ratiocinated upon 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 29.04.2026 filed by learned
State counsel, the petitioner has already suffered incarceration for a period
of 2 months and 11 days & is not shown to be involved in any other cases.
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.
JATIN (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.
(vii) The petitioner shall not in any manner try to delay the trial.
8. In case of breach of any of the aforesaid conditions and those
which may be imposed by concerned CJM/Duty Magistrate as directed
hereinabove or upon showing any other sufficient cause, the
State/complainant shall be at liberty to move cancellation of bail of the
petitioner.
9. Ordered accordingly.
10. Nothing said hereinabove shall be construed as an expression of
opinion on the merits of the case.
11. Pending application(s), if any, shall also stand disposed of.
(SUMEET GOEL)
JUDGE
30.04.2026
jatin
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
