IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARBHINDER SINGH ALIAS CHHINDA – Appellant
Versus
STATE OF PUNJAB – Respondent
235 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-54389-2025 Date of decision : 09.12.2025 Harbhinder Singh @ Chhinda ....Petitioner versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. P.K.S. Phoolka, Advocate for the petitioner.
Mr. Raj Karan Singh, A.A.G., Punjab.
RAJESH BHARDWAJ , J. (Oral)
1. Present petition has been filed for grant of regular bail in case FIR No.52 dated 07.08.2022 under Sections 304 & 34 of IPC and Section
27 of NDPS Act, registered at Police Station Sadar Rampura, Bathinda.
2. Succinctly the facts of the case are that the present FIR was lodged on the statement of complaint, namely, Rani Kaur. It was alleged that her son Manpreet Singh was having friendship with Amandeep Singh, Jaspreet Singh and Chhinda Singh (petitioner) and that all four of them used to stay together and were addicted to intoxicants. It was alleged that although the complainant used to advice her son to stay away from the aforesaid friends, but her son did not listen to her. It was alleged that on 06.08.2022 Amandeep Singh, Jaspreet Singh and Chhinda Singh came to her residence and took away her son along with them but her son did not return back home. It was alleged that later Amandeep Singh and Jaspreet Singh brought back complainant’s son on a motorcycle who was in an Manpreet Singh had sustained injuries. Since blood was oozing out from the nose of Manpreet Singh, he was taken to hospital, where he was declared dead. Thus, the request was made to take legal action against the culprits. On registration of FIR, investigation commenced and the petitioner was arrested on 07.08.2022. On completion of investigation, challan was presented. On framing of charges, the trial commenced. The petitioner approached the learned Additional Sessions Judge, Bathinda, praying for grant of bail, however, finding no merit, the same was declined after hearing both the sides by Learned trial Court vide order dated 02.07.2024. Aggrieved by the same, petitioner is before this Court praying for grant of bail by way of filing of present petition.
3. Learned counsel for the petitioner, at the outset, prays for the grant of bail on the basis of parity with that of co-accused. He has drawn the attention of this Court to the orders dated 27.04.2023 and 31.01.2024 passed by this Court in CRM-M-19713-2023 and CRM-M-56035-2023, respectively, whereby co-accused of the petitioner, namely, Amandeep Singh @ Amna and Jaspreet Singh @ Jassi, have been granted the concession of bail. He has submitted that case of the petitioner is at par with that of the co-accused, who have been granted bail by this Court. He submits that on the basis of the parity, petitioner deserves to be granted bail.
4. Per contra, learned State counsel has opposed the submissions made by the counsel for the petitioner. However, he endorsed the fact that case of the petitioner is at parity with that of co-accused, namely, Amandeep Singh @ Amna and Jaspreet Singh @ Jassi, who have been granted bail by this Court. He has placed on record the custody certificate of the petitioner.
5. On hearing counsel for the parties and perusing the record, it is deciphered that the petitioner is behind bars since the date of his arrest. Admittedly, co-accused of the petitioner, namely, Amandeep Singh @ Amna and Jaspreet Singh @ Jassi, have already been granted bail by this Court vide orders dated 27.04.2023 and 31.01.2024 passed by this Court in CRM-M-19712-2023 and CRM-M-56035-2023, respectively. As per custody certificate, the petitioner has suffered an incarceration of 03 years, 03 months and 28 days as on 08.12.2025. It further reflects that the petitioner is involved in 01 more case, however, he is on bail in the same. Needless to say that every accused has a fundamental right of speedy trial. 6. The veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the parties befor
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