1. Appeal against rejection of bail for offences involving attempt to murder, robbery, wrongful confinement, and violations of the Arms Act. (Para 2 , 3 )
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2025 Supreme(SC) 1530
SUPREME COURT OF INDIA
DIPANKAR DATTA AND MANMOHAN, JJ.
Gurmeet Singh – Appellant
Versus
State of Punjab – Respondent
Criminal Appeal No.2532 of 2025 [Arising out of SLP (Crl.) No. 16461 of 2024]
Decided on : 08-05-2025
The Supreme Court granted bail to the appellant, considering the prolonged period of incarceration (over two years) and the fact that key prosecution witnesses had turned hostile, which significantly weakened the prosecution's case during the trial.
Headnote:(A) Indian Penal Code - Sections 307, 392, 342, 34, 325, 394 - Arms Act - Sections 25 and 27 - Bail application rejected by High Court, appellant under custody since March 2023 for serious offences - Key witnesses declared hostile; insufficient progress in the trial with few witnesses examined - Court inclined to grant bail. (Paras 5-9)
(B) Bail - Aspects - The prolonged detention without trial and the status of key witnesses impact considerations for bail - Observations on merits not conclusive. (Paras 10-11)
Facts of the case:
The appellant is an accused in a case where serious charges have been filed, and substantial time has passed with limited witness testimonies and hostile declarations.
Findings of Court:
High Court's decision on bail rejected; circumstances justify acceptance of appeal for bail with conditions imposed.
Issues: Key issues involved the rejection of bail by the High Court under the extended period of pre-trial detention and the status of key witnesses.
Ratio Decidendi: The court concluded that prolonged custody coupled with the hostile disposition of significant witnesses necessitated granting bail, highlighting that observations in the bail decision do not affect the merits of the ongoing case.
Result: Appeal allowed.
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2. Key prosecution witnesses turned hostile and the accused has been in custody for over two years with minimal progress in witness examination. (Para 5 , 6 )
3. Bail may be granted where key prosecution witnesses turn hostile and there is significant delay in the trial process. (Para 5 , 6 , 7 )
4. Appeal allowed; impugned order set aside and appellant granted bail subject to trial court conditions. (Para 8 , 9 , 12 )
5. How does the testimony of hostile witnesses affect a bail application?
When key prosecution witnesses are declared hostile, it weakens the prosecution's case, which the court considers a relevant factor in granting bail. (Para 5 )
6. What role does trial delay play in the grant of bail?
The court considers the duration of the accused's custody and the slow progress of the trial, such as the small number of witnesses examined relative to the total. (Para 6 )
7. Does the grant of bail constitute a finding on the merits of the criminal case?
No, the grant of bail is a procedural relief and is not to be treated as a finding on the merits of the case. (Para 10 )
ORDER :
1. Leave granted.
2. The High Court of Punjab and Haryana at Chandigarh by the impugned judgment and order dated August 30, 2024 has rejected the appellant's prayer for bail.
3. The appellant, figuring as an accused in FIR No. 44 dated March 8, 2023 registered with Police Station Beas, District-Amritsar, is in custody since 08.03.2023. It is alleged in the FIR that the appellant committed offence(s) punishable under Section(s) 307, 392, 342, 34, 325, 394, IPC and Sections 25 and 27 of the ARMS ACT .
4. We have heard learned counsel appearing for the parties and perused the materials on record.
5. We find from the counter affidavit that the first three key witnesses for the prosecution PW-1 (Amit Kumar), PW-2 (Surinder Kumar) and PW-3 (Sonu Bagga) have been declared hostile.
6. The appellant has been behind bars for more than two years and only 5 (five) out of 17 (seventeen) prosecution witnesses have been examined till date.
7. Having regard to the above facts and circumstances, we are inclined to accept the present appeal.
8. Accordingly, we set aside the impugned judgment and order.
9. The appellant shall be released on bail, subject to such terms and conditions as may be imposed by the trial court.
10. We clarify that the observations made in this order and grant of bail will not be treated as findings on the merits of the case.
11. The appellant shall, however, appear before the trial court on the dates fixed, unless exempted; and should the appellant fail to appear on any date without justifiable cause or breach any of the terms and conditions for grant of bail, the trial court shall be at liberty to cancel the bail.
12. The appeal is, accordingly, allowed on the aforesaid terms.
13. Pending application(s), if any, stand disposed of.
