[Cites 8, Cited by 0]
Punjab-Haryana High Court
Baljinder Singh vs State Of Punjab on 17 March, 2026
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRA-D-1508-2025
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRA-D-1508-2025
JUDGEMENT JUDGEMENT OPERATIVE PART UPLOADED ON
RESERVED ON PRONOUNCED PRONOUNCED OR
ON FULL
29.01.2026 17.03.2026 FULL PRONOUNCED 17.03.2026
Baljinder Singh ...Appellant
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
HON'BLE MRS. JUSTICE SUKHVINDER KAUR
Present: Mr. SPS Phoolka, Advocate for the appellant.
Ms. Pooja Nayar Sharma, D.A.G., Punjab.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Station Section
08 12.02.2025 Dharamgarh 192, 61(2) BNS and 10, 13 of Unlawful
Activities (Prevention) Act
Bail Application number before the Sessions 3307/2025
Court CNR No. PBSG0100-4155-2025
Date of Decision 26.05.2025
1. Aggrieved by the dismissal of regular bail by the Additional Sessions Judge,
Sangrur vide order dated 26.05.2025, the appellant had come up before this Court by filing
the present appeal under Section 21(1) of the National Investigation Agency Act, 2008.
2. Per custody certificate dated 28.01.2026, the appellant has the following criminal
history:
Sr. No. FIR No. Dated Sections Police Station
1. 05 16.02.2025 Sadar Budhlada 25, 54, 59 Arms Act
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3. The appellant's counsel submits that the appellant would have no objection
whatsoever to any stringent conditions that this Court may impose, including that if the
appellant repeats the offense or commits any non-bailable offense which provides for a
sentence of imprisonment for more than seven years, the State may file an application to
revoke this bail before the concerned Court having jurisdiction over this FIR, which shall
have the authority to cancel this bail, and to which the appellant shall have no objection.
Counsel for the appellant further submits that he shall not use his right of speech expression
beyond what is permitted under Article 19 of the Constitution of India.
4. The facts of the case are being taken from reply dated 16.02.2026 filed by the
concerned Deputy Superintendent of Police, which reads as follows:
"2. The case/FIR No.8 dated 12.02.2025 u/s 192, 61(2) BNS and
section 10 and 13 of the Unlawful Activities (Prevention) Act 1967
(Amendment 2012) P.S. Dharamgarh was registered against
Gurpatwant Singh Pannu r/o Khankot Jandiala, District Amritsar
(Rural), Punjab and unknown person(s) on the basis of secret
information received by S.I. Gurpal Singh SHO, P.S. Dharamgarh
that on 12.02.2025, he along-with police party in connection with
patrolling and checking of suspected persons was present at Bus
Stand Satauj, then a secret informer gave him information that, on the
outer wall of Electricity Grid, Tolawal Road, village Satauj the
slogans of Khalistan have been written "SIYASI MAUT BHAND
MAAN AMRICA, CANADA AND UK VICH SIYASI SHARN KRO
KHALI KEJRIWAL THOKTA" and a yellow colour flag has been
fixed on the angle on the wall of the Grid on which "DEG TEG
FATEH PAΝΤΗ ΚΙ JEET" and a Khanda has been subscribed on the
same and "KHALISTAN JINDABADSFJ" has also been written. On
the social media, in this connection, a video has been uploaded &
circulated by Gurpatwant Singh Pannu SFJ by which an atmosphere
of fear has been created in the minds of the general public. In this
way amongst the people of different religions, factions, by creating
the atmosphere of bitterness and fighting with each other, the
atmosphere of fear and worry is being created. Besides this by giving
inflammatory statements and hatching a conspiracy against the
country, they are trying to breach the peace in the Country and
Punjab. Gurpatwant Singh Pannu has formed an organization in the
name of SFJ (SIKHS FOR JUSTICE), which has been declared
illegal by the Government of India (vide notification No.CG-DL-E
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09072024-255286 dated 8.07.2024). Gurpatwant Singh Pannu is
engaged in-movements, conspiracy and inflammatory statements
against the country. The matter is very much sensitive and a law and
order situation could arise. Keeping in view the situation, SI Gurpal
Singh SHO, P.S. Dharamgarh along with his co-officials reached the
spot and prepared the photography of the words (slogans) which were
written on the wall with black paint and that of the flag. The flag was
taken down and taken into police possession and the slogans were
painted with black paint, to maintain law and order. Upon which SI
Gurpal Singh got registered the present FIR against Gurpatwant
Singh Pannu and some unknown persons.
3. That during the investigation, rough site plan of the place of
occurrence was prepared. The investigation of the case was carried
out by Sh. Prithvi Singh Chahal, PPS, Deputy Superintendent of
Police, Sub-Division, Dirba. On 12.02.2025 SI Gurpal Singh took
into possession the Kesri flag on which Khalistan Jindabad SFJ was
written, after preparing the parcel, the same was sealed with his seal
bearing impression PSC.
4. That on 16.02.2025 Sh. Prithvi Singh Chahal, PPS, Deputy
Superintendent of Police, Dirba along-with the police party was
present in village Satauj then on the information of special informer
Jagraj Singh @ Soni son of Bhura Singh, who was riding the motor
cycle and pillion rider Gurmit Singh @ Gitti son of Kulwant Singh
residents of village Biroke Kalan, P.S. Sadar Budhlada, District
Mansa were nominated as accused in the present case.
5. That on 17.02.2025 SI Gurpal Singh, SHO, P.S. Dharamgarh
nabbed accused Gurmit Singh @ Gitti from his house along-with
motor cycle No.PB.31C-0354 Marka CT 100 Hero Honda and
presented before Sh. Prithvi Singh Chahal, PPS DSP Sub-Division,
Dirba. Arrest was made and the motorcycle was taken into
possession.
6. That on 18.02.2025 accused Gurmit Singh @ Gitti during
interrogation disclosed that the clothes and chappels put on by him
today, were also put on by him on the day of occurrence. The same
clothes were taken into possession and Gurmit Singh @ Gitti was
given a new set of clothes to wear. One coat of khaki colour, one
surmai pant and woolen topi and the chappals put on by him at the
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time of occurrence were taken into possession by preparing parcel
duly sealed with seal PSC.
Accused Jagraj Singh @ Soni, who was lodged in District Jail
Mansa in case FIR No.05 dated 16.02.2025 U/S 25 of Arms Act P.S.
Budhlada, District Mansa was brought on a production warrant and
with the permission of the trial Court, was arrested on 18.02.2025.
On 18.02.2025, during interrogation accused Jagraj Singh @ Soni
made disclosure statement that he was lodged in the Central Jail,
Bathinda in a rape case, where Amritpal Singh son of Paramjit Singh
resident of Dulewal, District Bathinda and Baljit Singh @ Prabhu
son of Raj Singh resident of village Chauke, District Bathinda were
introduced to him. Having remained together in the jail during the
conversation, Amritpal Singh told Jagraj Singh @ Soni that he is a
person who supports Khalistan. He used to write pro-khalistan
slogans in lieu of which he received money from abroad. A case
regarding the same was registered against him. He and Baljit Singh@
Prabhu wanted to continue this movement. Thereafter Jagraj Singh
@ Sony came out on bail from the jail, they had suggested him to
write the pro-Khalistan slogans on Government buildings for an
amount of Rs.20,000/-. After some days, Baljit Singh @ Prabhu was
transferred to Faridkot jail. When Jagraj Singh @Sony was released
from jail, he agreed to do that work. Amritpal Singh had taken his
address and mobile number 79730-xxxx and said that his brother
Baljinder Singh son of Paramjit Singh will meet him and he will tell
the place and location, where the work is to be done. On 14.01.2025
Jagraj Singh @ Soni was released from jail. On the very next date
Baljinder Singh from his mobile No.76588-xxxx called Jagraj Singh
@ Soni on his mobile No.79730-xxxx. Then Baljinder Singh and
Jagraj Singh talked to each other on the mobile phone and WhatsApp
number after that. Baljinder Singh asked Jagraj Singh @ Soni to
work as told by his brother Amritpal Singh and Baljit Singh @
Prabhu. On 11.02.2025 Baljinder Singh in the evening at about 8-00
PM had met Jagraj Singh @ Soni near the village Biroke Kalan on
the way to Bodawal Kalan, who shown slogan "KHALISTAN
JINDABAD SFJ, SIYASI MAUT BHAND MAAN AMRICA, CANADA
AND UK VICH SIYASHI SARAN KHALISTAN DA SAMARTHAN
KARO, KEJRIWAL THOKTA BEANTE DI AULAD BHAND MAAN."
to Jagraj Singh @ Soni on whatsapp. Baljinder Singh asked Jagraj
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Singh @ Soni to write this writing on the Government School of
village Satauj and this is to be written not less than two Government
places. Besides these, two canes of spray black coloured and one
yellow colour flag was also given. Then Baljinder Singh through
video conference, got arranged the talk with Baljit Singh @ Prabhu,
who was in Faridkot Jail, who had told Baljinder Singh to give
Rs.2000/- to Jagraj Singh Soni for purchase of clothes. The slogans
sent by Baljinder Singh (petitioner) through WhatsApp and he had
got those printed on a paper. Then Jagraj Singh @ Soni on his motor
cycle bearing number PB 31C 0354 make CT-100, put the colour
spray and the yellow flag in his pocket alongwith Gurmit Singh @
Giti, who was pillion riding both of them had muffled their faces with
piece of cloth and proceeded from village Biroke Kalan through the
different villages to reach village Satauj, where on the intervening
night of 11 and 12 Feb. 2025, on Electricity Grid the flag was fixed
and wrote the slogans of Khalistan Jindabad. Then both of them had
written the slogans of Khalistan Jindabad with the spray on the outer
wall of the shelter. While going Jagraj Singh @ Soni prepared the
video and on the way, they also made video of sign board affixed on
the way of Patwarkhana Satouj and village Satouj and sent the same
to Baljinder Singh (petitioner) on Whats App number 76588-xxxx and
then on the way, by putting the empty cane containing the colour in
the envelope threw the same near the village Bir Khurd near the drain
from the pavement of the drain, which had fallen down in the root of
the Babool tree.
On 18.02.2025 on the basis of interrogation made by accused
Jagraj Singh @ Soni, the persons namely Amritpal Singh, Baljinder
Singh sons of Paramjit Singh residents of Dullewal and Baljit Singh
@ Prabhu son of Raj Singh resident of village chauke were
nominated as accused in the present case.
On 18.02.2025, on the basis of disclosure statement made by
accused Jagraj Singh @ Soni, he got recovered two empty bottles
containing spray marka AEROSOL LACQUER CUBE GLOSS
BLACK used in the crime from near the drain in the area of Bir
Khurd under a Babool tree. One Loi brown colour, Cotton Cap (topi)
worn at the time of occurrence and one mobile phone marka I-phone
6S and one keypad mobile phone marka samsung white colour from
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his house and same were taken into possession by preparing a parcel
duly sealed with the seal bearing impression PSC.
7. That on 20.2.2025 accused Amritpal Singh, Baljit Singh and
Baljinder Singh were brought on production warrant and with the
permission of Court, they were arrested in this case.
8. That on 21.02.2025, Panchayat Member Gurbax Singh @ Bhola
son of Jaggar Singh resident of Satouj presented the footage of CCTV
along-with DVR of cameras installed near the Panchayat Ghar
before the IO and same were taken into possession.
On 21.02.2025 accused Jagraj Singh @ Soni during the
interrogation made disclosure statement that on the intervening night
of 11/12.02.2025 at the time of committing the crime, he used two
mobile phones, out of which through one phone, he talked with
Gurpatwant Singh Pannu through signal App and the second phone
through which he sent Rs.1980/- to him Attarvir Singh @ Attar
brother of Baljit Singh@ Prabhu. Beside this, he was introduced with
Pritpal Singh @ Vadda in the Central Jail, Bathinda, who had
supplied the foreign number of Gurpatwant Singh @ Pannu, which
has been written by him in the small dairy in the name of the
Jathedar, which is lying in his house under the pillow and other
documents have been kept in the almirah by putting in a packet and,
he can get recovered the same on his demarcation. Pursuance of his
disclosure statement, he got recovered one mobile phone marka
OPPO silver colour, one mobile phone marka OPPO black coloured,
one small dairy marka ANOOP Note Book No.554L and some more
documents from his house and same were taken into police
possession.
On 21.02.2025 on the basis of interrogation made by accused
Amritpal Singh, Baljit Singh @ Prabhu and Baljinder Singh, the
persons namely Pritpal Singh @ Badda son of Gurlal Singh resident
of Dod, P.S. Bajakhana District Faridkot and Atarvir Singh @ Aatar
son of Raj Singh resident of village Chauke, District Bathinda were
named as accused in the present case.
9. That on 22.02.2025, accused Atarvir Singh @ Atar was arrested.
On 22.02.2025 accused Pritpal Singh@ Badda was brought on
production warrant and with the permission of court, he was arrested
in this case and later on he was found innocent and got discharged
from the Court.
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10. That on 08.03.2025 witness Subham Garg son of Sh. Hem Raj
resident of Ward No.05, Dirba, presented a pen-drive containing
video file and e-mail print and other documents sent by accused
Gurpatwant Singh Pannu on 12.02.2025 and 28.02.2025 through e-
mailpannun/[email protected] before the IO and same was taken
into possession.
11. That on 14.03.2025 Paramjit Singh son of Gurdial Singh father of
accused Baljinder Singh resident of village Dullewal produced the
mobile phone marka OPPO of accused Baljinder Singh on the back
side of which IMEI-863975068789790 and IMEI-863975068789782
was written. In the flip cover one diary and one SIM Airtel was
produced which was taken into police possession.
12. That on 25.03.2025 the case property i.e. mobile phone, Pen drive
and C.C.T.V. Footage/DVR etc. were deposited in the office of Range
Cyber Forensic Laboratory, Patiala Range Patiala for analysis.
13. That on the completion of investigation, challan was presented
against six accused namely Gurmeet Singh @ Gitti, Jagraj Singh @
Soni, Amritpal Singh, Baljit Singh @ Prabhu, Baljinder Singh
(present petitioner) and Atarvir Singh @ Atar in the Court on
05.05.2025. The Additional Chief Secretary, Govt. of Punjab, Home
Affairs Department vide order No.E899182/2025/Home-HMG-
40MISC./85/2025-Home-4-5H4/447 dated 12.11.2025 has accorded
prosecution sanction to prosecute to above-said 6 accused. On the
receipt of said prosecution sanction, a supplementary report under
section 193(8) BNSS was presented in the Court on 19.11.2025. Now
the case is fixed for 04.12.2025 for consideration on charge in the
court of Ld. Additional Sessions Judge, Sangrur.
xxx xxx xxx
C. THE EVIDENCE CONNECTING THE PETITIONER WITH THE
WALL WRITINGS.
Accused/petitioner had provided the material i.e. two bottles of Spray
paint after purchasing from Jatinder Kumar son of Ram Sarup r/o
New Chaudhary Auto parts near Dr. Suman Hospital, Budhlada to
co-accused Jagraj Singh for writing the slogan, "SIYASI MAUT
BHND MAAN AMRICA, CANADA AND UK VICH SIYASI SHRN
KRO KHALI KEJRIWAL THOKTA" on the wall of Electricity Grid of
village Satauj.
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Jatinder Kumar in his statement u/s 180 BNSS recorded before the
Investigating Officer admitting therein about selling two bottles of
black color spray paint to Baljinder Singh. The said slogan was
written by Jagraj Singh @ Soni and Gurmeet Singh @ Giti on the
direction of Baljinder Singh.
Baljinder Singh purchased one Kesri color Flag printed with "Deg
Teg Fateh, Panth ki jeet, Khalisthan Jindabad SFJ and Khanda" from
Bhola Singh son of Gurnam Singh r/o Kulwana P.S. Sadar Budhlada
and provided to Jagraj Singh @ Soni and Gurmeet Singh @ Giti and
they both put this flag on the iron angle installed at the wall of
Electricity Grid Satauj. Bhola Singh in his statement u/s 180 BNSS
made before the I.O. admitted this very fact of purchasing kesri Color
flag from him by Baljinder Singh.
D. THE INVESTIGATION AND EVIDENCE TO MAKE AN
OFFENCE IN THE PENAL PROVISIONS OF UAPA, 1967
As per the detailed facts emerged during the investigation, the act
and conduct on the part of present petitioner Baljinder Singh and his
co-accused falls within the preview of offence in the penal Provision
of UAPA 1967 because the SFJ has been declared unlawful
association by The Govt. of India vide Notification No.No.CG-DL-E
09072024-255286 dated 8.07.2024 and all the accused persons have
committed the present offence on the direction of Gurpatwant Singh
Pannu, who is the chief of SFJ.
E. THE INVESTIGATION AND EVIDENCE TO MAKE AN
OFFENCE IN THE PENAL PROVISIONS OF BNS, 2023.
As per the detailed facts emerged during the investigation, the act
and conduct on the part of present petitioner Baljinder Singh and his
co-accused falls within the preview of offence u/s 192 BNS because
petitioner and his co-accused have committed the present offence in
order to create the atmosphere of bitterness and fighting with each
other and the atmosphere of fear and worry and they were trying to
breach the peace in the Country and Punjab on the direction of
Gurpatwant Singh Pannu, who is the chief of SFJ, which has been
declared unlawful association by the Govt. of India vide Notification
No. No.CG-DL-E 09072024-255286 dated 8.07.2024.
F. THE ROLE OF THE PETITIONER IN THE ABOVE CAPTIONED
FIR.
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Accused/petitioner had provided the material i.e., two bottles of
Spray paint after purchasing from Jatinder Kumar son of Ram Sarup
r/o New Chaudhary Auto parts near Dr. Suman Hospital, Budhlada
to co-accused Jagraj Singh for writing the slogan, "SIYASI MAUT
BHND MAAN AMRICA, CANADA AND UK VICH SIYASI SHRN
KRO KHALI KEJRIWAL THOKTA" on the wall of Electricity Grid of
village Satauj.
Jatinder Kumar in his statement u/s 180 BNSS recorded before the
Investigating Officer admitting therein about selling two bottles of
black color spray paint to Baljinder Singh. The said slogan was
written by Jagraj Singh @ Soni and Gurmeet Singh @ Giti on the
direction of Baljinder Singh.
Baljinder Singh purchased Kesri color Flag printed with "Deg Teg
Fateh, Panth ki jeet, Khalisthan Jindabad SFJ and Khanda" from
Bhola Singh son of Gurnam Singh r/o Kulwana P.S. Sadar Budhlada
and provided to Jagraj Singh @ Soni and Gurmeet Singh @ Giti and
they both hanged this flag on the iron angle installed at the wall of
Electricity Grid Satauj. Bhola Singh in his statement u/s 180 BNSS
made before the I.O. admitted this very fact of purchasing kesri Color
flag from him by Baljinder Singh."
5. The appellant, through his counsel, undertakes not to indulge in any Anti-India
activity and also that he would not cross the limits of his speech and expression beyond
what is permitted under Article 19 of the Constitution of India and considering the entire
facts and the pre-trial custody, which on the face of it, is excessive for the purpose of pre-
trial custody and the undertaking given by the appellant through counsel, we are of the
considered opinion that his further custody is not required.
6. Without commenting on the case's merits, in the facts and circumstances unique and
peculiar to this case, and for the reasons mentioned above, the appellant makes a case for
bail.
7. Perusal of the reply and the role of the petitioner which according to the reply is
only providing two bottles of spray paint after purchasing from Jatinder Kumar to
co-accused Jagraj Singh for writing the slogan on the wall of electricity grid of village
Satauj and he has been in custody for the last 11 months and 01 day. As such, further
custody is not justified given the role of the petitioner.
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8. Given the above, provided the appellant is not required in any other case, the
appellant shall be released on bail in the FIR captioned above, subject to furnishing bonds
of Rs. 1 lac to the satisfaction of the concerned trial Court and due to unavailability before
any nearest Chief Judicial Magistrate or Duty Magistrate/ Ilaqa Magistrate.
9. In Gulfisha Fatima v. State (Govt. of NCT of Dtrial Court concernedn 05, 2026, the
Hon'ble Supreme Court holds,
[434]. The appellants granted bail shall be released subject to the
following conditions, which are imposed not as matters of form, but as
substantive safeguards in the interest of national security, public order,
and the integrity of the trial process.
i. Each of the appellants shall execute a personal bond in the sum of
₹2,00,000/- (Rupees Two Lakhs only) with two local sureties of the like
sum to the satisfaction of the Trial Court.
ii. The appellants shall remain within the National Capital Territory of
Delhi and shall not leave its territorial limits without prior permission of
the Trial Court. Any request for travel shall disclose reasons and such
prayer/request shall be considered by the Trial Court strictly on its merits
iii. The appellants shall surrender their passports, if any, before the Trial
Court. Where no passport exists, an affidavit to that effect shall be filed.
We direct the respondent to intimate all the immigration authorities in the
country not to permit their exit from the country in any manner
whatsoever, without express permission from the Trial Court.
iv. The appellants shall furnish their current residential addresses, contact
numbers, and e-mail addresses to the Investigating Officer as well as to
the Trial Court. The appellants shall not change their place of residence
or contact particulars without giving at least seven days' prior written
intimation to the Investigating Officer and the Trial Court.
v. Each of the appellants, namely Gulfisha Fatima, Meeran Haider, Shifa-
ur-Rehman, Mohd. Saleem Khan, and Shadab Ahmed, shall personally
appear twice a week, that is on Monday and Thursday between 10:00
a.m. and 12:00 noon, before the Station House Officer, Police Station
Crime Branch, Delhi Police, Office of the Commissioner of Police,
Police Headquarters, Jai Singh Marg, New Delhi - 110001 and mark
their attendance. The Station House Officer shall maintain a separate
register of attendance in respect of each of these appellants and shall
furnish a monthly compliance report to the Trial Court, which shall be
placed on the main record of the case.
vi. The abovenamed appellants shall not directly or indirectly contact,
influence, intimidate or attempt to contact any witness or any person
connected with the proceedings, nor shall they associate with or
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participate in the activities of any group or organization linked to the
subject matter of the present FIR/ final report.
vii. The appellants shall not make or publish or disseminate any
information, statement, article or post whether in print, electronic or
social media concerning the present case or its
participants till conclusion of the trial.
viii. The appellants shall not participate in any programme or address or
attend any gathering, rally or meeting, whether physically or virtually till
conclusion of the trial.
ix. The appellants shall not circulate any post either in electronic form or
physical form or circulate any hand bills, posters, banners, etc in any
form whatsoever.
x. The appellants shall fully cooperate with the trial and shall appear on
every date of hearing unless exempted for reasons to be recorded by the
Trial Court to its satisfaction and they shall not exhibit any conduct that
has the effect of delaying the proceedings.
xi. The appellants shall maintain peace and good behaviour throughout
and in the event of any offence committed during the pendency of the
trial, the prosecution would be at liberty to seek for revocation of the bail
granted by filing such application before the Trial Court and in the event
of such application being filed the Trial Court shall consider it on its own
merits.
[435]. In case of breach of any of the afore-stated conditions imposed or
in the event of appellants having misused the liberty granted, it shall be
open to the Trial Court to cancel the bail which would be necessarily
after affording opportunity of hearing to the appellants.
10. The Appellant shall abide by all the above conditions as were ordered by the
Hon'ble Supreme Court of India in Gulfisha Fatima supra, before the police station
concerned in the present case.
11. In addition to the above conditions, the Appellant shall also abide by the following
additional conditions, wherever these do not overlap with the conditions mentioned in
Gulfisha Fatima supra. It is clarified that the conditions mentioned in Gulfisha Fatima
supra are to be preferred over the following conditions imposed by this Court.
12. The appellant shall abide by all statutory bond conditions and appear before the
concerned Court(s) on all dates. The appellant shall not tamper with the evidence,
influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any
witnesses, Police officials, or any other person acquainted with the facts and circumstances
of the case, or dissuade them from disclosing such facts to the Police or the Court.
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13. The appellant shall not seek any unnecessary adjournment, and if he does so, the
State shall have the right to apply for cancellation of bail.
14. The appellant shall mention his current address, phone number, e-mail, if any, and
present address, native address, and in case of change, he shall inform the SHO of the
police station concerned through a registered letter by mentioning the case number.
Additionally, he shall also inform the concerned Court before whom the bonds were
furnished.
15. Given the background of allegations against the appellant, it becomes paramount to
protect the members of society as well as the integrity of the country and incapacitating the
accused would be one of the primary options until the filing of the closure report,
discharge, or acquittal. Consequently, it would be appropriate to restrict the possession of
firearms. This restriction is imposed based on the preponderance of evidence of probability
and not of evidence of certainty, i.e., beyond a reasonable doubt; and as such, it is not to be
construed as an intermediate sanction. Given the nature of the allegations and the other
circumstances peculiar to this case, the appellant shall surrender all weapons, firearms, and
ammunition, if any, along with the arms license, to the concerned authority within fifteen
days of release from prison and inform the Investigator of compliance. However, subject to
the Indian Arms Act, 1959, the appellant shall be entitled to renew and take it back in case
of acquittal in this case, provided that this is otherwise permissible under the concerned
rules. Restricting firearms would instill confidence in society; it would also restrain the
accused from influencing the witnesses and repeating the offense.
16. The conditions mentioned above imposed by this court are to endeavor to reform
and ensure that the accused does not repeat the offense. In Mohammed Zubair v. State of
NCT of Delhi, 2022:INSC:735 [Para 28], Writ Petition (Criminal) No 279 of 2022, Para 29,
decided on July 20, 2022, A Three-Judge bench of Hon'ble Supreme Court holds that "The
bail conditions imposed by the Court must not only have a nexus to the purpose that they
seek to serve but must also be proportional to the purpose of imposing them. The courts,
while imposing bail conditions must balance the liberty of the accused and the necessity of
a fair trial. While doing so, conditions that would result in the deprivation of rights and
liberties must be eschewed."
17. In Md. Tajiur Rahaman v. The State of West Bengal, decided on 08-Nov-2024, SLP
(Crl) 12225-2024, Hon'ble Supreme Court holds in Para 7, "It goes without saying that if
the petitioner is found involved in such like offence in future, the concession of bail granted
to him today will liable to be withdrawn and the petitioner is bound to face the necessary
consequences."
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18. This bail is conditional, with the foundational condition being that if the appellant
repeats the offense or commits any non-bailable offense which provides for a sentence of
imprisonment for more than three years, the State shall file an application to revoke this
bail before the trial Court having jurisdiction over this FIR, which shall have the authority
to cancel this bail, and as per their discretion, they may cancel this bail.
19. Any observation made hereinabove is tentative and is not an expression of opinion
on the case's merits, and it shall have no bearing on the trial or on the case of the co-
accused, and the trial Court shall not advert to these comments.
20. It is clarified that this bail order shall not be considered as a blanket bail order in
any other matter and is only limited to granting bail in the FIR mentioned above.
21. In Amit Rana v. State of Haryana, CRM-18469-2025 [in CRA-D-123-2020, decided
on 05.08.2025], a Division Bench of Punjab and Haryana High Court in paragraph 13,
holds that "To ensure that every person in judicial custody who has been granted bail or
whose sentence has been suspended gets back their liberty without any delay, it is
appropriate that whenever the bail order or the orders of suspension of sentence are not
immediately sent by the Registry, computer systems, or Public Prosecutor, then in such a
situation, to facilitate the immediate restoration of the liberty granted by any Court, the
downloaded copies of all such orders, subject to verification, must be accepted by the Court
before whom the bail bonds are furnished."
22. Appeal allowed in terms mentioned above. All pending applications, if any, stand
disposed of.
(ANOOP CHITKARA)
JUDGE
(SUKHVINDER KAUR)
JUDGE
17.03.2026
Jyoti-II
Whether speaking/reasoned YES
Whether reportable NO
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