Punjab-Haryana High Court
Harpal Singh Alias Bhalla vs State Of Punjab on 17 July, 2026
CRM-M-37648-2026 1
212 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-37648-2026
Date of Decision: 17.07.2026
HARPAL SINGH ALIAS BHALLA ...Petitioner
Vs.
STATE OF PUNJAB ...Respondent
CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL
Present: Mr. Aashish Bhagat, Advocate for the petitioner.
Mr. Baljinder Singh Sra, Addl. AG, Punjab.
VIRINDER AGGARWAL, J. (Oral)
1. The present third petition under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 Cr.P.C.) has
been filed by the petitioner seeking grant of regular bail in case FIR No. 0017
dated 02.03.2021, registered under Sections 302, 397 and 34 of the Indian
Penal Code, 1860 and Sections 328, 201 and 120-B IPC (added later on),
corresponding to Sections 103, 311, 3(5), 123, 238 and 61 of the Bharatiya
Nyaya Sanhita, 2023, at Police Station Sadar Jagraon, District Ludhiana Rural,
Punjab, during the pendency of trial.
2. As per the prosecution case, the present FIR was registered on the
statement of Pardeep Singh, son of deceased Inderjit Singh @ Premi, who
stated that his father was working as a driver with Hindraj Iron Scrap, Moga.
On 01.03.2021, after unloading scrap at Mandi Gobindgarh, the deceased was
returning to Moga in Truck No. PB-29H-5548. When he did not reach back,
inquiries were made and it was revealed that he was last seen with co-accused
Harpal Singh @ Bhalla near Mullanpur. Thereafter, as per the GPS location of
the truck, the complainant along with Ajay Taneja reached near CTU Chowk,
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Chokiman, Jagraon, where the deceased was found lying dead inside the cabin
of the truck with injuries on his body. The cabin was found ransacked and cash
amount of approximately ₹9 lakh, allegedly carried by the deceased, was
missing. During investigation, the present petitioner was nominated as an
accused on the basis of the material collected by the investigating agency,
including the alleged involvement in furtherance of common intention with
co-accused persons. The prosecution alleges that the petitioner, along with
other accused, was involved in the commission of murder of the deceased and
removal of the cash amount. After completion of investigation, challan was
presented before the learned Trial Court and the case is pending for trial.
3. Learned counsel for the petitioner submits that the petitioner has
been falsely implicated in the present case and there is no direct evidence
connecting him with the alleged occurrence. It is argued that the FIR was
initially registered against unknown persons and the petitioner was not named
in the earliest version. The petitioner has been nominated only on the basis of
the alleged circumstance of last seen, which by itself is insufficient to establish
his involvement. It is further submitted that the petitioner has been in custody
since 01.05.2023 and has undergone more than three years of incarceration.
The investigation is complete, challan has already been presented, charges
have been framed and the trial is progressing at a slow pace. The first regular
bail petition bearing CRM-M No.59492 of 2023 was dismissed as withdrawn
vide order dated 28.02.2024. Thereafter, the second regular bail petition
bearing CRM-M No.40151 of 2025 was dismissed by this Court vide order
dated 02.09.2025. The present petition is being filed on the basis of
subsequent changed circumstances, including the prolonged custody
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undergone by the petitioner and the slow progress of the trial. Learned counsel
further submits that co-accused Neha Rani and Rachhpal Singh @ Shera, who
are facing trial in the same FIR arising out of the same occurrence, have
already been granted regular bail by this Court. Therefore, the petitioner is
also entitled to the concession of bail on the ground of parity. It is also
submitted that no recovery remains to be effected from the petitioner and his
further incarceration would serve no useful purpose.
4. Notice of motion.
5. Mr. Baljinder Singh Sra, Addl. AG, Punjab, has put in appearance
on behalf of the respondent-State and has filed the custody certificate dated
16.07.2026, which is taken on record, subject to all just exceptions. As per the
custody certificate, the petitioner has already undergone a total custody period
of 03 years 02 months and 11 days.
6. Learned State counsel, while opposing the bail application,
submits that the allegations against the petitioner are serious and pertain to an
offense punishable under Section 302 IPC, involving the murder of the
deceased. It is argued that the petitioner has been nominated during
investigation on the basis of material collected by the investigating agency,
including the circumstance of last seen and other incriminating evidence
available on record.
7. Be that as it may, considering the fact that the petitioner is in
custody since 05.05.2023 and has undergone incarceration for more than three
years, coupled with the fact that the investigation stands completed, challan
has already been presented before the learned Trial Court and charges have
been framed, the trial is likely to take considerable time to conclude. It is also
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evident that after dismissal of the second regular bail petition by this Court
vide order dated 02.09.2025, only two prosecution witnesses have been
examined till date, which reflects the slow progress of the trial. The case of the
prosecution against the petitioner is primarily based upon the alleged
circumstance of last seen and disclosure statement, and no specific overt act or
direct evidence has been attributed to him. Further, the co-accused namely
Neha Rani and Rachhpal Singh alias Shera, who are facing trial in the same
FIR arising out of the same occurrence, have already been granted the
concession of regular bail by this Court vide orders dated 21.07.2022 and
28.02.2024 respectively. Keeping in view the prolonged custody of the
petitioner, the stage of trial, the principle of parity with the co-accused and the
fact that the trial is not likely to conclude in the near future, this Court finds it
appropriate to extend the concession of regular bail to the petitioner.
8. Reliance is placed upon the judgment of the Hon’ble Apex Court
in Dataram Singh v. State of Uttar Pradesh & Another, 2018 (2) R.C.R.
(Criminal) 131, wherein it has been held that grant of bail is the rule and
refusal thereof is an exception, and that a person is presumed to be innocent
until proven guilty. It is further submitted that the right to speedy trial forms
an integral part of the right to life and personal liberty guaranteed under
Article 21 of the Constitution of India, and the same has been consistently
recognised by the Hon’ble Supreme Court, including in Balwinder Singh v.
State of Punjab & Another (SLO (Crl.) No. 8523/2024). In these
circumstances, continued incarceration of the petitioner would serve no useful
purpose, particularly when the trial can be effectively safeguarded by
imposing appropriate conditions.
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9. Accordingly, the present petition is allowed, and the petitioner is
ordered to be admitted on regular bail, subject to furnishing requisite bail and
surety bonds to the satisfaction of the learned Chief Judicial Magistrate
concerned/Illaqa Magistrate/Duty Magistrate, as the case may be, and further
subject to the following conditions:-
1. The petitioner shall not, directly or indirectly, make any
inducement, threat, or promise to any person acquainted with
the facts and circumstances of the case so as to dissuade such
person from disclosing such facts before the Court or to the
investigating agency.
2. The petitioner shall not tamper with the prosecution
evidence in any manner whatsoever, nor shall attempt,
directly or indirectly, to influence, intimidate, or contact any
prosecution witness.
3. The petitioner shall not leave the territorial limits of India
without obtaining the prior permission of the learned Trial
Court. In the event he is in possession of a passport, he shall
furnish its particulars before the Investigating Officer as well
as the learned Trial Court.
4. The learned Illaqa Magistrate/Duty Magistrate, before
accepting the bail and surety bonds, shall obtain from the
petitioner his permanent residential address as well as present
correspondence address, duly supported by appropriate
documentary proof. The Investigating Officer shall verify the
correctness of the said addresses within 48 hours from the
acceptance of the bail bonds and shall place a verification
report on the record. In the event either of the addresses is
found to be false, fictitious, or incorrect, it shall be open to
the prosecution to seek cancellation of the concession of bail
in accordance with law.
5. The petitioner shall furnish before the learned Trial Court,
either at the time of furnishing the bail bonds or within such
period as may be specified by the Court, Permanent Account
Number (PAN), Aadhaar Number, particulars of all operative
bank accounts, and a declaration disclosing details of
immovable properties, if any. Any concealment of materialKUMUD VERMA
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particulars or furnishing of false information shall constitute
a valid ground for seeking cancellation of bail in accordance
with law.
6. The petitioner shall intimate the Investigating Officer as
well as the learned Trial Court, in writing, of any change in
residential address or mobile number within seven days from
the date of such change.
7. The petitioner shall not commit any offence of a similar
nature during the pendency of the trial and shall remain
present before the learned Trial Court on each and every date
fixed, unless his personal appearance is exempted in
accordance with law. He shall not absent himself from the
proceedings without obtaining prior permission of the learned
Trial Court. In the event of any violation of the aforesaid
conditions or his unauthorized absence from the trial
proceedings, it shall be open to the learned Trial Court to
proceed in accordance with law, including cancellation of the
concession of regular bail and issuance of appropriate
coercive process, including warrants of arrest.
(VIRINDER AGGARWAL)
JUDGE
17.07.2026
kv
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
KUMUD VERMA
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CRM-M-37648-2026 7
KUMUD VERMA
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Chandigarh
