IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Amit Kumar Singal – Appellant
Versus
Central Bureau Of Investigation – Respondent
Key Points: - The High Court may entertain direct bail pleas in exceptional circumstances, even though Sessions Court is the preferred forum. (!) (!) - Section 439 Cr.P.C./Section 483 BNSS provides concurrent jurisdiction for bail before High Court and Sessions Court; ordinarily the Sessions Court should be approached first unless exceptional circumstances exist. (!) (!) (!) - The judgment discusses criteria and flexibility around "exceptional circumstances" and emphasizes case-by-case assessment rather than a fixed checklist. (!) (!) - It cites that direct approach to the High Court is warranted where delay, complexity, or co-accused circumstances justify bypassing the Sessions Court, as evidenced by the present case’s peculiar facts. (!) (!) - Prior judicial opinions from various courts articulate that concurrent jurisdiction exists and that a litigant generally should exhaust the lower forum, with exceptions. (!) (!) (!) - The decision reiterates the protective purpose of bail and the standard that regular bail should balance liberty with ensuring presence at trial. (!) (!) - The order ultimately allows bail with conditions, clarifying that entertainment of the petition is due to the peculiar factual matrix. (!) (!)
| Table of Content |
|---|
| 1. petition filed under bnss for bail. (Para 1 , 2 , 3) |
| 2. arguments for and against the bail petition. (Para 4 , 5) |
| 3. court's analysis of bail process and approach. (Para 6 , 7) |
| 4. statutory interpretation of bail provisions. (Para 10 , 11) |
| 5. exceptional circumstances for direct high court bail. (Para 12 , 14) |
| 6. factual background leads to bail consideration. (Para 17 , 19) |
| 7. final decision on bail granted with conditions. (Para 20 , 21) |
| 8. conclusion and disposal of miscellaneous applications. (Para 23 , 24) |
JUDGMENT :
SUMEET GOEL, J.
CRM-31794-2025
This is an application under Section 528 of BNSS , 2023 for placing on record the reply filed on behalf of respondent-CBI.
Application is allowed as prayed for, subject to all just exceptions. Reply is taken on record. Registry to paginate the paper-book accordingly.
CRM-30428-2025
As the main petition has been allowed, no order is required to be passed in the instant application. CRM stands disposed of.
CRM-M-37123-2025
1. Present petition has been filed under Section 483 of BNS S , 2023 for grant of regular bail to the petitioner in case bearing FIR No.RC0052025A0011 dated 31.05.2025, registered for the offences punishable un
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A direct application for bail to the High Court is permissible in exceptional circumstances, although the Sessions Court is the preferred forum for such applications.
The court emphasized the constitutional right to timely bail hearings, mandating that bail applications be resolved within two weeks, aligning with the principles of justice and the presumption of in....
(1) Bail jurisprudence is a facet of a civilised criminal justice system. An accused is innocent until proven guilty by a competent court following the due process.(2) Delhi Liquor scam – Power to ar....
Anticipatory bail applications under S.438 must typically be filed in the Sessions Court first, unless exceptional circumstances are demonstrated.
The High Court has the authority to grant bail under Section 389(2) despite prior denials by subordinate courts, maintaining concurrent jurisdiction to enhance access to justice.
(1) Anticipatory bail – Court which grants anticipatory bail must take care to specify offence or offences in respect of which alone order will be effective – Blanket order of anticipatory bail is bo....
Anticipatory bail applications must first be filed in the Sessions Court, respecting the hierarchy of courts.
Direct approach to High Court for anticipatory bail must follow Sessions Court application unless exceptional circumstances exist.
Anticipatory bail is an extraordinary remedy that must be justified by circumstances, balancing the rights of the accused against the interests of justice and effective investigation.
The High Court has concurrent jurisdiction with the Sessions Court to grant anticipatory bail, but should only entertain direct applications in exceptional circumstances.
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