In the High Court for the States of Punjab and Haryana at Chandigarh
CRM-M-383-2026 (O&M)
Date of Decision:- 23.04.2026
Gurpartap Singh … Petitioner
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA
Present:- Mr. Rajesh Kapila, Advocate for the petitioner.
Mr. Anup Singh, AAG, Punjab.
SUBHAS MEHLA , J
. (Oral)
1. By way of the present petition, the petitioner is seeking regular bail in FIR No.60 dated 20.07.2023, registered under Section379-B of Indian Penal Code, 1860 (Charges under Sections 379-B, 473, 411 and 201 IPC have been framed), at Police Station Qila Lal Singh, Police District Batala, District Gurdaspur.
2. Learned counsel for the petitioner contended that petitioner has been falsely implicated in the present case. Case of the petitioner is on similar footings as that of co-acused, namely, Gursewak Singh who has already been granted regular bail by the Co-ordinate Bench of this Court vide order dated 29.10.2025 passed in CRM-M-35522-2025. Co-accused, namely, Gurprabhjeet Singh @ Prabh and Gurpreet Singh @ Gopi have also been granted concession of regular bail by the Co-ordinate Bench of this Court vide orders dated 08.08.2025 and 13.10.2025 passed in CRM-M-7918-2025 and CRM-M-40023-2025 respectively. The petitioner is in custody since 04.10.2023 i.e. for the last 02 years, 06 months and 18 days; material witness i.e. complainant has already been examined in this case; and there is no apprehension that if the petitioner released on bail, he will tamper with the prosecution evidence; the trial will take considerable time to conclude. Hence, learned counsel prayed for concession of bail to the petitioner.
3. Custody certificate dated 22.04.2026 of the petitioner filed by learned State counsel today in Court, is taken on record. As per custody certificate, the petitioner has been behind bars since 04.10.2023 i.e. for about 02 years, 06 Months and 18 days. Learned State counsel has not disputed the fact that the case of the petitioner is on similar footings as that of co-accused.
4. Heard.
5. Keeping in view the facts and circumstances of the case; petitioner has been in custody for the last about 02 years, 06 months and 18 days; material witness i.e. complainant has already been examined; there is no apprehension that if the petitioner released on bail, he will tamper with the prosecution evidence; co-accused, namely, Gursewak Singh, Gurprabhjeet Singh @ Prabh and Gurpreet Singh @ Gopi have already been granted by the Coordinate Bench of this Court; the trial will take considerable time to conclude, and no fruitful purpose would be served by keeping him in custody for any further period, as concession of bail cannot be denied just as a measure of punishment and it is a trite principle of criminal jurisprudence that bail is a rule, jail is an exception, this Court deems it a fit case to grant the concession of regular bail to the petitioner.
6. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.
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