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2025 Supreme(P&H) 1709

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Amit Kumar Singal – Appellant
Versus
Central Bureau Of Investigation – Respondent


Advocates Appeared:
For the Petitioner:Mr. Vikram Chaudhri, Senior Advocate With Ms. Divya Bhagwan, Advocate
For the Respondent: Mr. Ravi Kamal Gupta, Retainer counsel
Mr. S.P. Jain, Senior Advocate With Ms. Meghna Malik, Advocate
Mr. Gagandeep Jammu, Advocate

Judgement Key Points

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. (!) (!)

How to approach bail applications in the High Court direct vs. Sessions Court for regular bail under Cr.P.C./BNSS?

What is the concept of "exceptional circumstances" for direct High Court bail without prior Sessions Court intervention?

What are the factors and principles governing concurrent jurisdiction of High Court and Sessions Court in granting regular bail?


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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