IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 18.02.2026 GAGANDEEP SINGH @ GURI ... Appellant Versus STATE OF PUNJAB .. Respondents CORAM : HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL HON'BLE MR. JUSTICE DEEPAK MANCHANDA Present:- Mr. Tushaar Madaan, Advocate and Mr. Raj Sumer Singh, Advocate for the appellant.

Mr. Akhil Kamra, AAG, Punjab.

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Anupinder Singh Grewal, J. (Oral)

CRM-39838-2025 This application has been filed seeking condonation of delay of 644 days in filing the appeal.

Learned counsel for the applicant submits that the applicant is in judicial custody since arrest and due to lack of financial means, he could not approach legal counsel in time for preferring the appeal.

Issue notice in the application.

Mr. Akhil Kamra, AAG, Punjab accepts notice on behalf of the non-

applicant and submits that he has no objection if the application is allowed.

Heard.

The delay does not appear to be deliberate or intentional. It would be in the interest of justice if the delay is condoned and the appeal be heard and decided on merits.

Consequently, for the reasons mentioned in the application, the same is allowed and delay of 644 days in filing the appeal is condoned.

MAIN CASE The appellant has challenged the order dated 22.11.2023 passed by the Additional Sessions Judge, S.A.S. Nagar whereby his bail application in FIR No.11 dated 19.07.2023, registered under Sections 120-B, 153, 153-A IPC, Sections 25 (7), 25 of Arms Act and (Section 201 IPC and Sections 17, 18 & 20 of Unlawful Activities (Prevention) Act, 1967) (hereinafter referred to as “UAPA’) (added later on), at Police Station SSOC, S.A.S. Nagar, Mohali, has been dismissed.

2. Learned counsel for the appellant submits that the appellant has been falsely implicated in the FIR on the basis of a secret information. The allegations against the appellant are that he is a member of criminal gang or part of association having separatist ideology and had done recce of a Shiva Sena leader at Ludhiana. No recovery of any fire arms, ammunition or any other incriminating material has been effected from the appellant. The appellant is not involved in any other criminal case. He is in custody for over 02 years and 06 months. In support of his submissions, he has placed reliance upon the judgments of the Supreme Court in the cases of Union of India versus K.A. Najeeb, (2021) 3 SCC 713 and Shoma Kanti Sen versus State of Maharashtra and another, 2024 SCCOnline SC 498, wherein it has been held that long custody by itself would entitle the accused under UAPA to grant of bail by invoking Article 21 of the Constitution of India. He has also relied upon the judgments of the Supreme Court in the cases of Vernon versus The State of Maharashtra and another, 2023 SCCOnline 885, Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari versus State of Uttar Pradesh bearing Criminal Appeal No.2790 of 2024, decided on 18.07.2024 and Javed Gulam Nabi Shaikh versus State of Maharashtra another, bearing Criminal Appeal No.2787 of 2024, decided on 03.07.2024.

3. Learned State counsel has filed the custody certificate which indicates that the appellant is in custody for 02 years, 06 months and 12 days. He submits that the appellant is a member of criminal gang and part of group having separatist ideology. He along with other co-accused conspired together and had acquired illegal ammunition. He further submits that the 04 out of 21 prosecution witnesses have been examined and cross-examination of 03 of them is yet to take place. He also submits that in view of the serious allegations against the appellant, he is not entitled to the concession of bail at this stage.

4. Heard.

5. The allegations against the appellant are that on the asking of his companions, who are in jail, he had done recce of a Shiv Sena leader at Ludhiana. It is also alleged that he along with other co-accused had received illegal arms and ammunition. However, no recovery of either in form of fire arms, ammunition or any other incri