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2025 Supreme(Online)(P&H) 6460

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
BHOLA SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent



Legal Category Hierarchy

  • crime and sentencing
    • offences against the person
      • murder (Para 3, 4, 15)
      • attempt to murder (Para 3, 4)
    • offences against public order
      • terrorist act (Para 3, 13, 14, 15)
    • conspiracy
      • criminal conspiracy (Para 3, 4, 17)
    • offences involving property
      • dishonestly receiving stolen property (Para 3, 22)
  • practice and procedure

Table of Contents

1. Appeals against denial of regular bail in a case involving murder, conspiracy, and offences under the Unlawful Activities (Prevention) Act, 1967. (Para 1 , 2 , 3 )

2. Accused argued no prima facie case and long custody; prosecution argued serious allegations and prima facie truth. (Para 9 , 10 , 11 , 12 )

3. Bail applications dismissed; trial court directed to expedite trial. (Para 31 , 34 )

4. What is the test for granting bail under Section 43-D(5) of the UAPA?

The court must determine if there are reasonable grounds to believe the accusation is prima facie true, based on case diary or charge-sheet; if so, bail shall not be granted. (Para 23 , 24 , 25 , 26 , 27 , 28 )

5. Can long incarceration alone justify bail under UAPA despite the prima facie finding?

No, long custody is not an automatic ground; it must be weighed against gravity of offence and risks, and only if trial is inordinately delayed may Article 21 override. (Para 26 , 27 , 28 , 29 , 30 )

6. What is the degree of satisfaction required for 'prima facie true' under UAPA?

It is lighter than the standard for discharge or framing of charges; the court examines broad probabilities and does not conduct a mini-trial. (Para 25 , 26 , 27 )

RAMESH KUMARI, J.

By way of this common order, all these three appeals are disposed of as common questions of law and facts are involved therein.

2. Criminal Appeals No. 1586 of 2023 is preferred by the appellant- Baljit Singh @ Mahna challenging the order dated 21.09.2023 (hereinafter referred to as ‘the impugned order’) passed by learned Additional Sessions Judge, Special Court, Faridkot. Appeal Nos. 1396 of 2023 and 695 of 2024 have been filed by the appellants, namely Bhola Singh and Harjinder Singh @ Raju against the two separate impugned orders of the same date i.e. 29.08.2023 passed by learned Additional Sessions Judge, Special Court, Faridkot.

3. The above noted orders dismissing the applications of these appellants (hereinafter referred to as ‘the accused’) are rendered in case arising out of FIR No. 228 dated 10.11.2022 under Sections 302, 307, 148, 149, 120- B, 201, 473, 411 and 212 of the Indian Penal Code, under Section 25 of the Arms Act and under Sections 16,18,20 of Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as ‘UAPA Act’), registered at Police Station City Kotakpura.

4. Briefly stated, the facts germane to the present appeals are as follow:-

a) On 10.11.2022, at about 07.15 P.M. murder of Pardeep Singh Kataria @ Raju Dodhi, husband of complainant Simran, took place and the above referred FIR was registered on the basis of the statement of his wife/complainant Simran. No person was named by complainant Simran in her statement dated 10.11.2022 recorded by Sub Inspector Pritam Singh.

b) The statement of Simran wife of deceased Pardeep Singh Kataria Raju Dodhi, is in Punjabi script and when translated to English, it makes the following reading:-

“I would like to state that I am resident of above noted address and am running a boutique. My husband Pardeep Singh runs a milk Dairy and grocery shop at Hari Nau Kotkapura and my boutique is adjoining to our Dairy/shop. We have three children and our entire family has taken "Naam" of Dera Sacha Saudha, Sirsa Wala. A police security official has been provided by the administration to my husband. Today when I and my husband Pardeep Singh along with his security official Hakam Singh were present at our grocery shop at Hari Nau Road Kotkapura then at about 7:15 AM, two unknown youngmen who had parked their motorcycle in the street came into our shop on the pretext of purchasing some material. Another four more unknown youngmen had also stopped their two motorcycles in the street at some distance ahead of our shop and came outside our shop. In the meantime, the two youngmen who were already into our shop took out pistols from their respective Dabs and fired at my husband Pardeep Singh, who got injured. Our security official- Hakam Singh present in the shop tried to save my husband with official weapon but the assailants also fired upon him hitting his left leg and thereafter the four persons standing outside the shop also fired with their respective weapons, due to which Amar Singh Ex-M.C. resident of Kotkapura who is our neighbor got injured. The youngmen while firing left one motorcycle at the spot and ran away with their respective weapons on their second motorcycle. In the mean time our relative Hardeep Singh Insan son of shri Devinder Kumar resident of Tota, District Moga who had come yesterday to meet us also reached there and had also seen the said incident. The public gathered there who arranged vehicle and took these three injured persons to Civil Hospital Kotkapura where due to serious condition of my husband Pardeep Singh, and of his security official, they were taken to Medical College Faridkot, where my husband died during treatment. Our security official Hakam Singh and neighbour M.C. Hakam Singh are under treatment. I and my relative Hardeep Singh can identify the above said assailants if they appear before me. The above said six unknown persons have committed the murder of my husband by shooting him and caused injuries to security official Ha

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