Kulwant Singh vs State Of Punjab on 17 July, 2026

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    Punjab-Haryana High Court

    Kulwant Singh vs State Of Punjab on 17 July, 2026

                                                CRM-M-37545-2026                                     1
    
                 209               IN THE HIGH COURT OF PUNJAB AND HARYANA
                                            AT CHANDIGARH
    
                                                               CRM-M-37545-2026
                                                               Date of Decision: 17.07.2026
    
                KULWANT SINGH                                                        ...Petitioner
                                                     Vs.
                STATE OF PUNJAB                                                      ...Respondent
    
                CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL
    
                Present:           Mr. Narinder S. Lucky, Advocate for the petitioner.
                                   Mr. Baljinder Singh Sra, Addl. AG, Punjab.
    
                VIRINDER AGGARWAL, J. (Oral)
    

    1. The present petition has been filed under Section 483 of the

    Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of

    SPONSORED

    the Code of Criminal Procedure), seeking grant of regular bail to the petitioner

    in FIR No. 41 dated 12.07.2023, initially registered under Sections 302, 307,

    324 and 34 of the Indian Penal Code, 1860 (with Sections 323 and 326 IPC

    added later and Section 324 IPC deleted), corresponding to Sections 103, 109

    and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (with Sections 115(1) and 119

    BNS added subsequently and Section 118 BNS deleted), registered at Police

    Station Rureke Kalan, District Barnala, during the pendency of the trial.

    2. As per the prosecution case, the present FIR came to be registered

    on the statement of Gurpreet Singh, who stated that his father, Gurmel Singh,

    had been residing at a farmhouse situated in the fields at Village Pakho Kalan.

    On the night of 11/12.07.2023, at about 11:57 p.m., Gurmel Singh made a

    phone call to his wife informing her that some unknown persons had attacked

    him and his grandson, Avijot Singh. Upon receiving the information, the

    complainant, along with his brothers, rushed to the spot and found Gurmel

    Singh and Avijot Singh lying in pools of blood with multiple injuries. Gurmel
    KUMUD VERMA
    2026.07.17 18:04
    I attest to the accuracy and
    integrity of this document
    Chandigarh
    CRM-M-37545-2026 2

    Singh and the injured Avijot Singh disclosed that two unknown persons,

    whose faces were covered and who were armed with sharp-edged weapons,

    had attacked them while they were sleeping. Both the injured were

    immediately shifted to Civil Hospital, Tapa, where Gurmel Singh was

    declared dead, while Avijot Singh was admitted for treatment. On the basis of

    the said statement, the present FIR was initially registered against unknown

    assailants.

    2.1 During the course of investigation, the present petitioner was

    nominated as an accused on the basis of an alleged extra-judicial confession

    made by co-accused Baru Singh before Ranjit Singh, Member Panchayat of

    Village Pakho Kalan. It is the case of the prosecution that co-accused Baru

    Singh was nursing a grudge against the deceased on account of previous

    enmity and, in furtherance of the said motive, conspired with the present

    petitioner and co-accused Vikramjit Singh to commit the crime. The

    prosecution further relies upon the disclosure statements of the accused, the

    recoveries allegedly effected pursuant thereto, and other circumstantial

    evidence collected during investigation. Upon completion of investigation, the

    challan was presented before the learned Trial Court, where the case is

    presently pending for trial.

    3. Learned counsel for the petitioner submits that the petitioner has

    been falsely implicated and was not named in the FIR, which was initially

    registered against two unknown masked assailants. It is argued that the

    petitioner’s nomination rests solely on the alleged extra-judicial confession of

    a co-accused, which is a weak piece of evidence and requires strict

    corroboration. It is further submitted that there is no direct eyewitness account

    KUMUD VERMA
    2026.07.17 18:04
    I attest to the accuracy and
    integrity of this document
    Chandigarh
    CRM-M-37545-2026 3

    against the petitioner and that the complainant, who appeared as PW-1, has not

    supported the prosecution case during trial. Learned counsel further contends

    that the investigation stands concluded, the challan has been presented, and

    the petitioner has remained in custody since 17.07.2023. It is also submitted

    that a co-accused, namely Vikramjit Singh, has already been granted the

    concession of regular bail by this Court on the ground of parity. Since the

    material witnesses have already been examined. Trial is progressing slowly,

    the petitioner deserves to be released on regular bail.

    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 02 years 11 months and 29 days.

    6. learned State counsel opposes the prayer for grant of regular bail

    and submits that the petitioner is involved in a grave offence involving the

    murder of one person and causing injuries to another. It is argued that during

    investigation, sufficient material was collected connecting the petitioner with

    the commission of the offence, including the extra-judicial confession made

    by the co-accused, disclosure statements and other incriminating

    circumstances. Learned State counsel contends that the allegations are serious

    in nature and, therefore, the petitioner does not deserve the concession of

    regular bail.

    7. Be that as it may, considering the custody period already

    undergone by the petitioner, coupled with the fact that the investigation in the

    KUMUD VERMA
    2026.07.17 18:04
    I attest to the accuracy and
    integrity of this document
    Chandigarh
    CRM-M-37545-2026 4

    present case stands concluded, challan has already been presented before the

    learned Trial Court and charges have been framed, the petitioner is no longer

    required for any custodial interrogation. It is also pertinent to note that none of

    the prosecution witnesses have been examined till date and, considering the

    number of witnesses cited by the prosecution, the trial is likely to consume

    considerable time before reaching its logical conclusion. It is further relevant

    to mention that co-accused Vikramjit Singh, who is alleged to be involved in

    the same occurrence and is facing trial on similar set of allegations, has

    already been extended the concession of regular bail by this Court vide order

    dated 01.04.2026. The case of the present petitioner stands on a similar

    footing, particularly when the prosecution case against him is based upon

    circumstantial evidence, alleged extra-judicial confession and disclosure

    statements, the evidentiary value of which is to be assessed during the course

    of trial. Thus, the petitioner is entitled to consideration on the ground of parity

    as well.

    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

    KUMUD VERMA
    2026.07.17 18:04
    I attest to the accuracy and
    integrity of this document
    Chandigarh
    CRM-M-37545-2026 5

    purpose, particularly when the trial can be effectively safeguarded by

    imposing appropriate conditions.

    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
    KUMUD VERMA
    2026.07.17 18:04
    I attest to the accuracy and
    integrity of this document
    Chandigarh
    CRM-M-37545-2026 6

    Number (PAN), Aadhaar Number, particulars of all operative
    bank accounts, and a declaration disclosing details of
    immovable properties, if any. Any concealment of material
    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
    2026.07.17 18:04
    I attest to the accuracy and
    integrity of this document
    Chandigarh



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