"Liberty Is Not Cosmetic, It's Real": P&H High Court Frees Man After 15 Years in Limbo

In a powerful affirmation of personal freedom, the Punjab and Haryana High Court has ordered the release on bail of Baljeet Singh @ Jeeta, who languished in custody for over 15 years in a Kaithal murder case despite the Supreme Court setting aside his conviction and remanding the state's acquittal appeal. Justices Anoop Chitkara and Sukhvinder Kaur, emphasizing that " liberty is not cosmetic, it is real ," invoked inherent powers under Section 528 BNSS to grant relief under Section 431 BNSS , dismissing a misguided suspension plea as unmaintainable.

Murder at the Plywood Shop: The Spark of a Sprawling Conspiracy Trial

The saga began on March 17, 2006, at Pehowa Chowk, Kaithal, when Narinder Arora, co-owner of M/s Arora Plywood, was shot dead by two assailants demanding a Rs 50 lakh ransom linked to jailed associates Surinder Geong and Anil. Eyewitness Mukesh Kumar's FIR (No. 160/2006, PS City Kaithal) invoked serious charges: Sections 302, 387, 216, 511, 420, 467, 468, 471, 120-B IPC read with Section 25 Arms Act.

A massive trial ensued against 33 accused, including Baljeet Singh (A23). The Additional Sessions Judge, Kaithal, acquitted all but one (Manjit @ Vicky, convicted to life) on March 9, 2009. The state appealed the acquittal of 12, including Baljeet (CRA-D-113-DB-2010), while the convict's appeal ran parallel.

High Court Flip-Flop and Supreme Court Intervention

A coordinate bench initially granted leave and, on February 10, 2014—without oral hearings for all—reversed acquittals for eight, sentencing them to life under Sections 120-B, 302 r/w 120-B, and 386 IPC. Baljeet, already jailed in other cases, had his custody linked here.

Dharambir Malik (ex-DSP, A13/R9) challenged this before the Supreme Court. On July 14, 2014, in Criminal Appeals 927-987/2014, the apex court set aside the High Court order for denying hearing opportunities, remanding CRA-D-113-DB-2010 for fresh merits decision. Notably, Manjit's conviction stood untouched.

Post-remand, delays plagued rehearings—adjournment after adjournment into 2026. Baljeet's counsel filed for suspension under Section 430 BNSS (as if convicted), but custody certificates showed 15 years, 7 months in this FIR amid multiple cases, including a life term in FIR 427/2003 (20 years actual custody mandated by SC).

No Sentence, No Suspension: Court's Procedural Razor

The bench scrutinized: post-remand, Baljeet's status reverted to "acquitted," rendering suspension inapplicable— "An application for suspension of sentence is maintainable only when there is a sentence." Filed under wrong provision, CRM-20488-2026 was dismissed.

Yet, mercy prevailed. Noting Baljeet's prolonged detention despite no subsisting conviction here, the court exercised inherent powers under Section 528 BNSS to secure "ends of justice," granting bail via Section 431 BNSS (mirroring old Section 390 CrPC for acquittal appeals).

Precedents Light the Path to Liberty

Drawing from State of UP v. Poosu (1976), the court affirmed discretion in securing acquitted accused—bail as norm, jail exception—factoring offence gravity, evidence strength, absconding risk. Sudershan Singh Wazir v. State NCT Delhi (2025) reinforced: post-acquittal appeal admission restores accused status, but "bail is the rule" given strengthened innocence presumption.

Even as media echoed the liberty mantra (as in reports on the order), the bench clarified: release here doesn't affect Baljeet's custody in FIR 427/2003—trials remain independent.

Echoes from the Bench: Unforgettable Lines

Key Observations

" Liberty is not cosmetic, it is real ."

"We are considering granting bail to the accused Baljeet Singh @ Jeeta son of Dhoop Singh who is still in custody by resorting to §431 of BNSS 2023 ..."

"Once an appeal against acquittal is admitted, the status of the person acquitted as an accused can be said to be restored... the accused must be admitted to bail rather than committing him to prison."

"The concerned jail authorities are directed not to count the custody of the present case for the reason that he was acquitted by the trial Court and reversal of acquittal was overturned by Hon’ble Supreme Court ..."

Chains Broken, Appeals Abated, Bonds for Others

Baljeet was freed on Rs 25,000 personal bond + Rs 10,000 surety, with strict conditions (address updates, court appearances). Appeals abated against deceased: Surinder Singh (police encounter, 2017) and Anil @ Pilla (2013). Four unchallenged acquittees (Ram Lal, Harjinder Singh, Prem Singh, Nirmal @ Laddi) must furnish bonds by September 30, 2026.

Main appeal heads to roster turn. This ruling signals: remands reset clocks on liberty; no phantom sentences justify endless jail. For Baljeet, after 15 years blurred by procedural haze, real freedom dawns—reminding all that justice delayed isn't justice denied, especially when innocence lingers.