Prolonged detention without trial violates the right to a speedy trial under Article 21 of the Constitution, necessitating bail for the accused.

Mr. Sandeep Kumar, DAG, Punjab.

HARPREET SINGH BRAR J. (Oral)

1. Vide this common order, I intend to dispose of CRM-M Nos.53404 and 53426 of 2024, as common questions of law and facts are involved for adjudication. For the sake of convenience, facts are taken from CRM-M No.53404 of 2024.

2. Prayer in both these petitions filed under Section 483 of BNSS , 2023, is for grant of regular bail to the petitioner(s) namely Jaswinder Singh @ Shinder Singh and Balkaran Singh in FIR No.67 dated 24.05.2016 registered under Sections 302, 323, 435, 427, 148, 149 IPC at Police Station Talwandi Sabo, District Bathinda.

3. As per the prosecution case, on 24.05.2016 at about 10.30 pm, accused persons armed with weapons and members of unlawful assembly, in further prosecution of common object of said assembly, committed murder of Jaswant Singh alias Babbu by causing injuries on his person and even put his motorcycle on fire and thereafter, the FIR (supra) was registered against the petitioners as well as Kewal Singh, Sabli, Gula Singh, Kala Singh son of Janta Singh, Babbu Singh, Kala Singh son of Binder Singh and five unidentified persons.

4. Learned counsel for the petitioner(s) inter alia contends that the petitioners are behind the bars for the last more than 05 years and the investigating agency has presented the final report in a cross- case registered vide General Diary No.27 dated 25.05.2016 (Annexure P-2) and challan in cross-version was presented on 01.10.2024 and the same was received by entrustment and charges were framed on 04.01.2025. Learned counsel for the petitioner(s) has produced a copy of the order dated 04.01.2025 passed by learned Additional Sessions Judge, Bathinda, which is taken on record as ‘Mark X’ and the same reads as follows:-

SC-541-2024 State v. Dilpreet Singh

Present: Sh. Binni Mittal, APP for State.

Accused Dilpreet Singh, Birbal Singh,

Sarabjeet Kaur, Jaswinder Singh on bail with

counsel Sh. H.S. Mehimi, Advocate.

Accused Kala Singh @ Gurilla died.

Arguments heard. On finding a prima facie case, all the accused are served with charge under Sections 452, 324, 323, 148, 149, 506 IPC. The accused pleaded not guilty and claimed trial.

The present trial is cross-version of another trial titled as State of Punjab v. Kala Singh and others, SC/67/2017, which is pending before this court at defence evidence stage. Both the trials are required to be disposed of simultaneously.

In these circumstances, let the case is adjourned to 10.01.2025 with connected trial and PWs mentioned at serial No. 1 to 4 be summoned for that day.

Rajiv Kalra (PB0098)

Additional Sessions Judge,

Bathinda

Date: 04.01.2025

5. Learned counsel for the petitioner(s) further contends that although in FIR case, the prosecution has examined all the witnesses, however, in view of the order dated 04.01.2025, passed by learned Additional Sessions Judge, Bathinda, in cross-case, the trial of the cross-case is yet to commence and not even a single prosecution witness has been examined and the petitioner(s) have undergone actual custody of more than 05 years as under-trial and delay in conclusion of the trial cannot be attributed to the petitioner(s) as they are in judicial custody and further the complainant has not supported the case of the prosecution and he has been declared hostile by the Public Prosecutor.

6. Per contra, learned State counsel has filed custody certificates of both the petitioner(s) and status report by way of affidavit of Rajesh Snehi Batta, Deputy Superintendent of Police, Sub-Division Talwandi Sabo, District Bathinda (in CRM-M-53404-2024), today in the Court which are taken on record and he opposes the prayer made by learned counsel for the petitioner(s) on the ground that the petitioner(s) have been specifically named in committing th