Parwinder Singh Alias Pindu vs Union Territory Chandigarh on 10 July, 2026

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    Punjab-Haryana High Court

    Parwinder Singh Alias Pindu vs Union Territory Chandigarh on 10 July, 2026

    Author: Deepak Sibal

    Bench: Deepak Sibal

                     CRA-D-1020
                           1020 of 2024 (O&M)
    
    
    
    
                                   IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                CHANDIGARH
    
                                                           CRA-D-1020--2024 (O&M)
                                                           RESERVED ON: MAY 22, 2026
                                                           DATE
                                                            ATE OF DECISION
                                                                   DECISION: JULY 10, 2026
    
                     Parwinder
                         inder Singh @ Pindu                                  ...Appellant
                                         Versus
                     U.T. Chandigarh                                          ...Respondent
    
    
    
                     1.            The date when the judgment is reserved           22.05.2026
                     2.            The date when the judgment is pronounced         10.07.2026
                     3.            The date when the judgment is uploaded           14.07.2026
                     4.            Whether only operative part of the judgment is   Full
                                   pronounced or whether the full judgment is
                                   pronounced
                     5.            The delay, if any of the pronouncement of full   Not applicable
                                   judgment, and reasons thereof
    
    
                     CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL
                            HON'BLE MS. JUSTICE LAPITA BANERJI
    
                     Present :           Mr. Pratham Sethi, Advocate,
                                         For the appellant.
    
                                         Mr.. Manish Bansal, Public Prosecutor with
                                         Mr
                                         Mr. Ankur Bali, Additional Public Prosecutor and
                                         Ms. Diksha Sharma, Advocate,
                                         For respondent-U.T.
                                              respondent     Chandigarh
    
                     LAPITA BANERJI, J.
    

    The appellant has challenged the order dated July 16, 2024,

    passed by Special Judge, NIA Court, Chandigarh
    Chandigarh, whereby his bail

    SPONSORED

    application in FIR No.29
    No. of 26.02.2024 registered under Section

    25,54,59 of the Arms Act, 1959, Sections 419, 471, 201, 120
    120-B of Indian

    SHALINI Penal Code,, 1860 (hereinafter
    einafter referred to as “IPC“) and Sections 17, 18,
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    CRA-D-1020
    1020 of 2024 (O&M)

    18-B, 20 of The Unlawful Activities (Prevention) Act, 1967 (hereinafter

    referred to as “the UAPA”), at Police Station Sector-36, Chandigarh, has

    been dismissed.

    2. Learned counsel
    counsel for the appellant submits that although it

    has been alleged that the appellant was involved in unlawful activities

    under the UAPA, but except for recovery of two mobile phones, no other

    incriminating material has been alleged to have recovered from him
    him.

    There was no legally admissible material on record to establish the

    involvement of appellant with any “designated
    “designated terrorist
    terrorist” which could

    even suggest that the accused has committed an offence under the

    UAPA.

    3. He argued that the case of prosecution, at best, was that the

    appellant harboured two members of a gang
    gang- one Sunny @ Sachin @

    Maddy Manchanda and Umang who purportedly were in touch with the

    designated terrorist like Goldy Brar. Under Section 19 of the UAPA, the

    punishment for harbouring any purported
    purported terrorist was three years upto

    life imprisonment and the appellant is in custody for more than two

    years. Therefore, on the basis of prolonged custody alone, the appellant

    should be released on bail.

    4. He has relied on the judgment of Hitendra Vishnu Thakur

    v. State of Maharashtra reported in (1994)4
    )4 SCC 602 to submit that

    there was no allegation or the material to argue that the essential

    ingredients “constituting a terrorist act” as defined under Section 15 is

    SHALINI
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    CRA-D-1020
    1020 of 2024 (O&M)

    present in this case. When such material is absent
    absent, the accused cannot be

    charged by invoking provisions of UAPA.

    5. He has further placed reliance on the judgment
    judgments of Apex

    Court in Union of India v. K.A. Najeeb, reported in (2021) 3 SCC 713,

    Shoma Kanti Sen v. State of Maharashtra aand another, reported in

    2024 SCC OnLine SC 498,
    498 Vernon v. The State of Maharashtra and

    another, reported in 2023 SCC OnLine SC 885
    885, Sheikh Javed Iqbal @

    Pradesh, reported in
    Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh

    2024 SCC OnLine SC 1755 and Javed Gulam Nabi Shaikh v. State of

    another reported in 2024 SCC OnLine SC 1693
    Maharashtra and another, 1693,

    wherein it has been held that long custody by itself would entitle the

    accused being tried under UAPA to the grant of bail by invoking Article

    21 of the Constitution
    Constitutio of India.

    6. Issue notice of motion.

    7. The Court had directed the State to file a comprehensive

    affidavit after filing of the supplementary challan
    challan, vide order dated

    January 15, 2026. Pursuant to the said direction, the State has filed a

    comprehensive affidavit of Dhiraj Kumar, Deputy Superintendent of

    Police (Crime), Chandigarh Police.

    8. Learned counsel for the State submits that appellant along

    with co-accused
    accused is involved in anti-national
    national activities. The prosecution’s

    case is that on the basis of secret information, two boys were

    apprehended at around 11:45 pm on February 25, 2024 near Bus Stand,

    Sector-43,
    43, Chandigarh. The said boys were riding a white Activa without

    SHALINI
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    integrity of this document
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    CRA-D-1020
    1020 of 2024 (O&M)

    helmets. Upon enquiry, they revealed their names as Sunny @ Sachin @

    Maddy Manchanda and Umang. Upon search being conducted one pistol

    and a live cartridge was found from the right pocket of Sunny’s trouser
    trousers

    and 03 live cartridges were recovered from Umang’s trousers. All the

    cartridges bore the mark of “KF 7.65” on the back. FIR No.29 was

    initially registered on February 26, 2024 under Section
    Sections 25/54/59 of the

    Arms Act against Sunny and Umang. Upon disclosure made by both

    Sunny and Umang,
    Uma the present appellant-Parwinder
    Parwinder Singh @ Pindu along

    with Kailash
    ailash Chauhan @ Tiger, Anmolpreet Singh and Maya @ Kashish

    @ Pooja Sharma were arrested. Kailash Chauhan @ Tiger was arrested

    upon identification by Sunny while taking a stroll near the wall of the

    parking area of gate of District Court, Sector–43, Chandigarh. One pistol

    and 02 live cartridges were recovered from him on February 26, 2024.

    9. Upon disclosure and identification by Sunny, the present

    appellant-Parwinder
    Parwinder Singh @ Pindu was arrested on February 28, 2024

    from TDI City, Sector-111,
    Sector 111, SAS Nagar, Mohali. A Verna car bearing

    registration No.CH01-BP-6918
    No.CH01 6918 and two mobile phones (one light grey

    coloured Apple phone with sim and another Oneplus Skyblue coloured

    phone with sim)
    im) were recovered from him and taken into police custody.

    10. On the very same day i.e February 28, 2024, Anmolpreet

    Singh was arrested from TDI City,
    City Sector-111,
    111, SAS Nagar, Mohali upon

    disclosure and identification by Sunny that Anmolpreet was his friend

    and aide
    de of Goldy Brar.

    Brar

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    CRA-D-1020
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    11. One Maya @ Kashish @ Pooja Sharma was arrested near
    One

    Counter no. 30, Sector
    Se 43 Bus Stand on February 29, 2024 also upon

    secret information and identification by Sunny
    Sunny. One slate colour

    backpack containing advocate’s dress i.e. black colour
    coloured trousers, one

    black blazer and one white shirt was recovered from her
    her. One mobile

    phone was recovered from her and taken into police custody. According

    to prosecution, she also got recovered one pistol and two live cartridges

    and broken pieces like battery, back body, two parts of touch screen of

    mobile by Techno Company from the jungle behind ISBT
    ISBT-43,

    Chandigarh.

    12. Upon secret information and identification by Maya @

    Kashish @ Pooja Sharma, one Baljeet Singh was apprehended from

    House No.177/1,
    177/1, Phase-3,
    Phase 3, SAS Nagar, Mohali (Punjab) and a mobile

    phone VIVO (black
    (b colour with sim) was recovered from him along with

    a Splender bike. The case of prosecution is that upon instructions from

    Goldy Brar, co-accused
    co Sunny, Umang and Maya had done recee at the

    premises of District Courts,
    Court Mohali,, Chandigarh and Panchkula on

    February 12, 2024 with the motive of killing one gangster- Bhupinder @

    Bhuppi Rana when he came for his court hearing. The accused Sunny

    used to communicate
    ommunicate with terrorists
    terrorist like Goldy Brar and Vicky Chauhan

    through his phone on Signal App.

    13. The allegation against the appellant is that the mobile

    phones which were recovered from him were used by him to converse

    with the terrorists
    terrorist like Goldy Brar and Vicky Chauhan through Facebook

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    CRA-D-1020
    1020 of 2024 (O&M)

    messenger and the appellant worked as per their instructions. On

    February 09, 2024 the appellant with the intention of harbouring

    terrorists had gone to Chandigarh railway station and brought Sunny and

    Umang (members of Goldy Brar’s gang) to his flat at TDI City, SAS

    Nagar, Mohali in his Verna car and thereafter shifted them to his friend

    Anmolpreet’s flat. A sum of Rs.49,900/-

    Rs.49,900/ was sent by Goldy Brar and

    Vicky Chauhan in SBI account of appellant-Parwinder
    Parwinder Sin
    Singh @ Pindu on

    February 12, 2024 and the same was handed over by him to Sunny and

    Umang. On February 14, 2024, again the appellant receive
    received Rs.16,000/-

    from Goldy Brar and Vicky Chauhan in his SBI account which was

    handed over to Sunny and Umang.

    14. The prosecution has relied upon the account statement of the

    appellant for the relevant period to bring home the guilt of the accused in

    their comprehensive affidavit. Therefore, it is submitted that the appellant

    should not be enlarged on bail before the witnesses
    witnesses are fully examined.

    15. This Court has heard learned counsel for the parties and

    perused the material on record.

    16.. At the outset, it is appropriate to refer to Section 43(
    43(D) of the

    UAPA. Section 43-D
    43 D of the UAPA is reproduced hereinafter for ready

    reference:-

    “43 D. Modified application of certain provisions of the
    Code.

    Code.–

    (1) Notwithstanding anything contained in the Code or
    any other law, every offence punishable under this Act shall
    be deemed to be a cognizable offence within the meaning of
    clause (c) of section 2 of the Code, and “cognizable case”

    as defined in that clause shall be construed accordingly.

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    CRA-D-1020
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    (2) Sectionon 167 of the Code shall apply in relation to a
    case involving an offence punishable under this Act subject
    to the modification that in sub-section
    sub section (2),
    (2),–

    (a) the references to “fifteen days”, “ninety ddays” and
    “sixty days”, wherever they occur, shall be construed as
    references to “thirty days”, “ninety days” and “ninety
    days” respectively; and

    (b) after the proviso, the following provisos shall be
    inserted, namely:–

    namely:

    “Provided further that if it is not possible to complete the
    investigation within the said period of ninety days, the Court
    may if it is satisfied with the report of the Public Prosecutor
    indicating the progress of the investigation and the specific
    reasons for the detention of the accused beyond the said
    period of ninety days, extend the said period up to one
    hundred and eighty days:

    Provided also that if the police officer making the
    investigation under this Act, requests, for the pur
    purposes of
    investigation, for police custody from judicial custody of any
    person in judicial custody, he shall file an affidavit stating
    the reasons for doing so and shall also explain the delay, if
    any, for requesting such police custody.

    (3) Section 268 of the Code shall apply in relation to a case
    involving an offence punishable under this Act subject to the
    modification that–

    that

    (a) the reference in sub-section
    section (1) thereof
    thereof–

    (i) to “the State Government” shall be construed as a
    reference to “the Central Government or the State
    Government.”;

    (ii) to “order of the State Government” shall be construed
    as a reference to “order of the Central Government or tthe
    State Government, as the case may be”; and

    (b) the reference in sub-section
    section (2) thereof, to “the State
    Government” shall be construed as a reference to “the
    Central Government or the State Government, as the case
    may be”.

    (4) Nothing in section 4388 of the Code shall apply in relation
    to any case involving the arrest of any person accused of
    having committed an offence punishable under this Act
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    CRA-D-1020
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    .

    (5) Notwithstanding anything contained in the Code Code, no
    person accused of an offence punishable under Chapters IV
    and VI of this Act shall, if in custody, be released on bail or
    on his own bond unless the Public Prosecutor has been
    given an opportunity of being heard on the application for
    such release: Provided
    Provided that such accused person shall not be
    released on bail or on his own bond if the Court, on a
    perusal of the case diary or the report made under section
    173 of the Code is of the opinion that there are reasonable
    grounds for believing that the accusaaccusation against such
    person is prima facie true.

    (6) The restrictions on granting of bail specified in sub sub-
    section (5) is in addition to the restrictions under the Code
    or any other law for the time being in force on granting of
    bail.

    (7) Notwithstanding anything contained in sub
    sub-sections (5)
    and (6), no bail shall be granted to a person accused of an
    offence punishable under this Act, if he is not an IIndian
    citizen and has entered the country unauthorisedly or
    illegally except in very exceptional circumstances and for
    reasons to be recorded in writing.”

    17. As per Section 43-D(5)
    43 (5) of the UAPA
    UAPA, no person accused of

    an offence punishable under Chapter IV and VI of the UAPA shall, if in

    custody, be released on bail unless the public prosecutor has been given

    an opportunity of being heard on the application made by him for such

    relief and if the Court,
    Court, on perusing the case diary or the report filed under

    Section 173 Cr.P.C is of the opinion that there are reasonable grounds for

    believing that the accusations against such persons are prima facie

    proved. Section 43-D(6)
    43 D(6) further stipulates that restri
    restrictions for grant of

    bail specified in Section 43-D(5)
    43 D(5) would be in addition to the restrictions

    provided under the Cr.P.C or any other law for the time being in force on

    granting of bail.

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    CRA-D-1020
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    18. From the comprehensive affidavit of Shri Dhiraj Kumar,

    Deputy Superintendent
    uperintendent of Police (Crime), Chandigarh Police, it

    transpires that the bank statements relating to Account

    Nos.50530100008707, 50530200000222 dated February 29, 2024 were

    obtained by the prosecution and upon analyzing the transaction details, it

    was found that the appellant had made three transactions of Rs.15,000/-

    each from ATM machines on February 12, 2024 and handed over the

    money directly to Umang within the ATM booth. Additionally, a

    certified copy of the bank statement from SBI pertaining to Account

    No.00000055148152719 was obtained and it was found that on February

    12, 2024, a sum of Rs.49,900/-

    Rs.49,900/ and on February 14, 2024, a sum of

    Rs.16,000/- in cash were transferred to the account holder Parwinder

    Singh @ Pindu through a Cash Deposit
    Deposit Machine.

    19. Upon analysis of the data by the Central Forensic Science

    Laboratory (CFSL), from the six mobile phones retrieved from the

    appellant and his co-accused,
    co accused, one video was found on the appellant’s

    mobile phone wherein an audio/video of conv
    conversation on another mobile

    phone has been captured. An attentive hearing of the conversation on

    messenger audio would indicate that said Goldy Brar and Vicky Chauhan

    were conversing amongst each other on February 03, 2024 and the said

    conversation was downloaded
    downloaded on the appellant’s mobile phone. The

    voice sample of Goldy Brar was downloaded and put in a pen drive and

    the same matched with the audio/video available on youtube of Goldy

    Brar’s interview. The examination report by CFSL, Chandigarh is

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    CRA-D-1020
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    appended with
    th the comprehensive affidavit filed by the U.T, Chandigarh.

    Goldy Brar, Rohit Godara and Vicky Chauhan have all been declared

    proclaimed offenders by learned Judicial Magistrate 1st Class,

    Chandigarh vide order dated April 30, 2025. Their arrests are yet to be

    effected. Therefore, it is not possible to come to the conclusion that there

    is no material on record, even prima facie, to connect the appellant with

    designated terrorists like Goldy Brar. Furthermore, the Investigating

    Officer took a certified copy of the tax invoice dated February 12, 2024

    in the name of Umang from Shop No.139 and 226
    226-A, Elante Mall,

    Chandigarh along with CCTV footage evidencing purchasing of

    Advocate’s uniform and a Certificate under Section 65
    65-B of the Indian

    Evidence Act, 1872 and
    and took the same in police custody by preparing a

    memo duly signed by the witnesses.

    20. The appellant is facing trial for creating unlawful association

    and conspiracy for creating an atmosphere of terror in the court premises

    itself by aiding and abetting his co-accused
    accused Sunny, Umang and Maya to

    commit crime of murder of a gangster-

    gangster Bhupinder @ Bhuppi Rana and

    prima facie evidence has been provided in the comprehensive affidavit to

    show his links with Sunny and Umang and ultimately with Goldy Brar, a

    designated terrorist. It is true that under Article 21 of the Constitution of

    India, fundamental right to protection of life and liberty, including the

    right to a speedy trial is enshrined. It has been held by the Supreme Court

    in catena of judgments, including
    including the ones cited by learned counsel for

    the appellant that a long custody itself would entitle the accused under

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    CRA-D-1020
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    UAPA to be granted bail by invoking Article 21 of the Constitution of

    India.

    21. In the present case, the
    he appellant has undergone an actual

    sentence of 02 years and 05
    0 months and this is not a case where the State

    has not been able to attribute any specific role
    role, prima facie, to the

    appellant indicating his involvement with any offence under the UAPA
    UAPA.

    It cannot be said, at this stage, that no incriminating material has been

    collected by the State connecting the appellant to the intent of striking

    terror.

    22. The definition of a “terrorist act”” under Section 15 needs to

    be considered at this juncture and the same is reproduced hereinafter:

    “15. Terrorist Act-

    Act (1) whoever does any act with intent to
    threaten or likely to threaten the unity, integrity, security
    [economic security] or sovereignty of India or with intent to
    strike terror or likely to strike terror in the people or any
    section of the people in India or in any foreign country,
    country,-

    (a) by using bombs, dynamite or other explosive substances
    or inflammable substances or firearms or other lethal
    weapons or poisonous or noxious gas
    gases or other chemicals
    or by any other substances (whether biological radioactive,
    nuclear or otherwise) of a hazardous nature or by any other
    means of whatever nature to cause or likely to cause –

    (i) death of, or injuries to, any person or persons; or

    ii) loss of, or damage to, or destruction of, property; or

    (ii)

    (iii) disruption of any supplies or services essential to the
    life of the community in India or in any foreign country; or

    [(iiia) damage to, the monetary stability of India by way of
    production or smuggling or circulation of high quality
    counterfeit Indian paper currency, coin or of any other
    material; or]

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    CRA-D-1020
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    (iv) damage or destruction of any property in India or in a
    foreign country used or intended to be used for the defence
    of India or in connection
    connection with any other purposes of the
    Government of India, any State Government or any of their
    agencies; or

    (b) overawes by means of criminal force or the show of
    criminal force or attempts to do so or causes death of any
    public functionary or attempts to cause death of any public
    functionary; or

    (c) detains, kidnaps or abducts any person and threatens to
    kill or injure such person or does any other act in order to
    compel the Government of India, any State Government or
    the Government of a foreign country or [an international or
    inter governmental organisation or any other person to do
    inter-governmental
    or abstain from doing any act; or],
    commits a terrorist act.

    [(2)
    (2) The terrorist act includes an act which constitutes an
    offence within the scope of, and as defined in any of the
    trea
    treaties specified in the Second Schedule
    chedule.]

    23. If a conspiracy is hatched with a ‘designated terrorist’ like

    Goldy Brar to murder a person albeit a gangster within the precincts of a

    Court which is considered to be the ‘Temple
    Temple of Justice
    Justice’ then such an act

    would definitely create terror or would intend to create terror in the

    minds of the people of the country. Inside Court premises also, if a

    person is not secure, then the ordinary citizens at large would be naturally

    shocked and terrorised.

    terrori d. It is apparent that the place of commission of the

    act was chosen with the intent
    inten of striking terror in the minds of the

    people.

    24. In the light of above discussion, prima facie, it cannot be

    said that the appellant did not have the intent to strike terror or likely to

    strike terror in the minds of the people or any section of the people of

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    CRA-D-1020
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    India. Therefore, at this stage, this Court is not inclined to grant regular

    bail to the appellant-

    appellant Parwinder Singh @ Pindu.

    25. It is clarified that the observation
    observations made through the instant

    order have been made only for the limited purpose of deciding the

    present appeal seeking regular bail and that the same would not be

    construed to be an expression of opinion on the merit
    merits of the case.

    26. The appeal is
    i dismissed in the above terms.

                     (DEEPAK SIBAL)                                (LAPITA BANERJI)
                         JUDGE                                          JUDGE
    
    
                     JULY 10, 2026
                              202
                     shalini
    
    
    
                     Whether speaking/reasoned:              Yes/No
                     Whether reportable:                     Yes/No
    
    
    
    
    SHALINI
    2026.07.14 11:08
    I attest to the accuracy and
    integrity of this document
    High Court, Chandigarh                                                            Page 13 of 13
    



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