IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURCHARAN SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent
221 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 16.09.2025 GURCHARAN SINGH ...Petitioner VERSUS STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present: Mr. Kuljinder Singh Billing, Advocate for the petitioner.
Mr. Gorav Kathuria, DAG Punjab.
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YASHVIR SINGH RATHOR , J. (Oral)
1. This is first petition under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case FIR No.154, dated 21.06.2025, registered at Police Station Bhawanigarh, District Sangrur under Sections 303(2), 317(2), 3(5) of BNS, 2023.
2. Learned counsel for the petitioner as well as learned State counsel have been heard and material collected by the police during investigation has been perused.
3. Brief facts of the prosecution case are that the truck bearing No.PB-10JD-1089 owned by Beant Singh-complainant was stolen by some unknown persons on 19.06.2025. Thereafter, on the basis of supplementary statement of his brother Ajit Singh, Harpreet Singh and Gurcharan Singh were nominated as accused. Petitioner was arrested on 26.06.2025, who disclosed that 10 more cases were registered against him and he sold the vehicles in connivance with one of co-accused namely Manjit Singh. Thereafter, Manjit Singh was arrested and stolen truck was recovered from his possession. After completion of investigation, challan has been presented for trial.
4. Learned counsel for the petitioner contended that petitioner has been falsely implicated in the present case. Petitioner is in custody since 26.06.2025 and no stolen property has been recovered from his possession and the stolen truck was recovered from the possession of co-accused Manjit Singh, who has already been released on regular bail by the trial Court vide order dated 15.07.2025 (Annexure P-2). Learned counsel next contended that the offence in question is a Magisterial trial. The investigation and trial is likely to take sufficiently long time to conclude and no useful purpose will thus be served by detaining the petitioner in custody any more and he will be released on bail.
5. On the other hand, learned State counsel has opposed the bail and argued that petitioner is a habitual offender and involved in many cases of similar nature and he does not deserve the concession of regular bail.
6. The offence in question is Magisterial trial. The truck in question was stolen by some unknown persons and same has been recovered from co-accused Manjit Singh, who has already been released on regular bail by the Court of Ld. Additional Chief Judicial Magistrate, Sangrur vide order dated 15.07.2025 (Annexure P-2). Petitioner is in custody since 26.06.2025. Challan has already been presented after completion of investigation. The investigation and trial will certainly take a long time to conclude and in these circumstances, further detention of the petitioner is not required and he is entitled to be released on bail.
7. Having regard to the aforesaid factual position, but without commenting anything on the merits of the case, the bail application is allowed and petitioner is ordered to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of learned Trial Court/Duty Magistrate concerned, on usual terms and conditions.
8. Pending misc. application(s), if any, shall also stand disposed of.
(YASHVIR SINGH RATHOR)
16.09.2025 JUDGE
Priyanka Thakur
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
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