Punjab-Haryana High Court
Mandeep Singh Alias Bhallo vs State Of Punjab on 3 July, 2026
CRA-S-1420-2026 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
212 CRA-S-1420-2026 (O&M)
Date of decision:03.07.2026
Mandeep Singh @ Bhallo ... Appellant
Vs.
State of Punjab and another ... Respondents
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present: Mr. Vikas Gupta, Advocate for the appellant.
Ms. Sakshi Bakshi, AAG, Punjab.
None for respondent No.2.
...
Manisha Batra, J. (Oral).
1. The instant appeal has been filed under Section 14-A(2) of the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989 (for short ‘SC/ST Act’)by the appellant, challenging the order dated
03.04.2026 passed by the Court of learned Additional Sessions Judge, Tarn
Taran in case arising out of FIR No.69, dated 27.09.2021, registered under
Sections 307, 326, 325, 324, 323, 336, 452, 295-A, 148, 149 of IPC,
Sections 25 and 27 of the Arms Act and Section 3(i)(ii) of the SC/ST Act, at
Police Station Kacha Pacca, District Tarn Tararn, whereby an application for
grant of regular as filed by the appellant had been dismissed.
2. Brief facts relevant for the purpose of disposal of this appeal are
that the aforementioned FIR was registered on the basis of statement got
HARJEET KAUR
2026.07.07 17:56
I attest to the accuracy and
integrity of this document
CRA-S-1420-2026 (O&M) -2-
recorded by complainant – Sukhraj Singh, alleging that on the night of
27.09.2021, the appellant by forming membership of an unlawful assembly
with the co-accused and 20-25 persons unknown to the complainant, came to
him. They were making exhortations and started hurling abuses to him. They
also proclaimed that they were raising construction of shops in the
gurudwara premises in which the appellant was the President and declared
that they would teach him a lesson for stopping to make such constructions.
Accused Amritpal Singh fired a shot with his double barrel gun and the
bullet hit on the neck of Hussanpreet Singh, who was standing near the
complainant. He had fallen down and was rushed to the hospital. The
assailants in the meanwhile threw stones upon the complainant and his
companions, who were standing there. Accused Nirbhai Singh and the
present appellant had even entered the gurudwara premises and pushed the
complainant, due to which his turban fell down.
3. After registration of the FIR, investigation proceedings were
initiated. The appellant was arrested on 28.09.2021. Subsequently, co-
accused Amritpal Singh and Nirbhai Singh were also arrested. Some persons
named in the FIR were declared to be innocent. The appellant was released
on regular bail in pursuance of order passed by the Court of learned
Additional Sessions Judge, Tarn Taran on 01.12.2021. He absented himself,
due to which his bail was cancelled and bonds were forfeited to the State on
08.07.2024. Proceedings under Section 82 Cr.P.C. were initiated against him
and he was declared a proclaimed person on 12.11.2024. He was arrested on
07.01.2026 after securing his presence by way of production warrants when
he was in custody in some other case.
HARJEET KAUR
2026.07.07 17:56
I attest to the accuracy and
integrity of this document
CRA-S-1420-2026 (O&M) -3-
4. It is argued by learned counsel for the appellant that he has been
falsely implicated in this case. His absence was not intentional but was due
to the fact that he was not aware about the proceedings pending before the
learned trial Court. Now he has remained in custody for a period of about 08
months. The trial will take considerable time to conclude. No specific injury
has been attributed to him. No useful purpose would be served by his further
incarceration. It is, therefore, argued that the appeal deserves to be allowed
and the impugned order dated 03.04.2026 denying bail to him is liable to be
set aside.
5. Per contra, learned State counsel, while placing on record
written response, has argued that the allegations against the appellant are
serious in nature. He has misused the concession of bail previously granted
by him. He is a habitual offender being involved in 06 other cases. There are
chances of his absconding again, if extended benefit of bail. It is, therefore,
argued that he does not deserve to be extended the benefit of bail.
6. This Court has heard the rival submissions made by learned
counsel for the parties.
7. The appellant had previously remained in custody for a period
of more than 02 months and now he is in custody for a period of about 06
months. The trial will obviously take considerable time to conclude. No
fruitful purpose would be served by his continued detention. The well settled
proposition of law is that pre-trial incarceration should not be replica of
post-conviction sentencing and that bail is the rule and jail is in exception.
Taking into consideration the above discussed facts, this Court is of the
considered opinion that no useful purpose would be served by detaining him
HARJEET KAUR
2026.07.07 17:56
I attest to the accuracy and
integrity of this document
CRA-S-1420-2026 (O&M) -4-
in custody anymore. Accordingly, the impugned order is set aside, the
appeal is accepted and the appellant is ordered to be released on bail subject
to his furnishing personal as well as surety bonds to the extent of two
sureties to the satisfaction of the trial Court/CJM concerned. He shall also
give copy of his Aadhar Card, Passport, if any, PAN Card and details of his
mobile phone number(s) to the learned trial Court and in case, any change in
his address or mobile phone number takes place, then he shall inform about
the same to the learned trial Court in advance. He shall not leave the country
without prior permission of the Court.
8. It is, however, clarified that the observations made hereinabove
shall not be construed as an expression of opinion on the merits of the case.
9. Since the main appeal has been allowed, pending application, if
any, is rendered infructuous.
(MANISHA BATRA)
03.07.2026 JUDGE
harjeet
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
HARJEET KAUR
2026.07.07 17:56
I attest to the accuracy and
integrity of this document
