Pardeep Kumar @ Banu vs State Of Punjab on 13 March, 2026

    0
    39
    ADVERTISEMENT

    Supreme Court – Daily Orders

    Pardeep Kumar @ Banu vs State Of Punjab on 13 March, 2026

    Author: Dipankar Datta

    Bench: Dipankar Datta

                                           IN THE SUPREME COURT OF INDIA
                                          CRIMINAL APPELLATE JURISDICTION
    
                                          CRIMINAL APPEAL No.        /2026
                                     [Arising out of SLP (Crl.) No.18775/2025]
    
    
                                     PARDEEP KUMAR @ BANU                        APPELLANT
    
                                                              VERSUS
    
                                     STATE OF PUNJAB                             RESPONDENT
    
                                                              ORDER
    

    1. Leave granted.

    2. The High Court of Punjab and Haryana at

    SPONSORED

    Chandigarh, by the impugned judgment and

    order dated 11th July, 2025, has rejected the

    appellant’s prayer for bail.

    3. Appellant, figuring as an accused in FIR

    No.17 dated 11th February, 2024 registered at

    Police Station Mahilpur, District Hoshiarpur,

    Punjab under Sections 386, 307, 506 and 120-B

    of the Indian Penal Code 1, 1860 and Sections 25

    and 27 of the Arms Act, 1959 (Sections 482 and

    411 of IPC added later on), was arrested on 13 th
    Signature Not Verified
    1 IPC
    Digitally signed by
    MANIK KUMAR
    Date: 2026.03.13
    17:13:28 IST
    Reason: Crl. Appeal @ SLP (Crl.) No.18775/2025 1
    April, 2024.

    4. We have heard learned counsel for the

    parties.

    5. Prosecution proposes to examine 23

    witnesses to drive home the charges against the

    appellant, but none has been examined. Thus,

    the trial is likely to take some time to conclude.

    6. Almost two years have passed since the

    appellant was arrested without trial having

    commenced and conclusion thereof nowhere

    being in sight. Incarceration without trial

    amounts to punishment.

    7. Taking an overall view of the matter, we are

    of the considered opinion that further detention

    of the appellant pending trial is not necessary;

    and, since the appeal deserves acceptance, the

    appellant may be admitted to an order for grant

    of bail.

    8. Accordingly, we set aside the impugned

    judgment and order.

    Crl. Appeal @ SLP (Crl.) No.18775/2025 2

    9. Appellant shall be released on bail, subject

    to furnishing of bail bonds to the satisfaction of

    the trial court and subject to such other terms

    and conditions as may be imposed by it.

    10. Needless to observe, the appellant shall not,

    directly or indirectly, by making inducement,

    threat or promise, dissuade any person

    acquainted with the facts of the case from

    disclosing such facts to the court.

    11. In the event there is any breach of the

    terms and conditions for grant of bail, the trial

    court shall be at liberty to cancel the bail of the

    appellant.

    12. It is also ordered that the appellant shall

    diligently attend proceedings of the trial, unless

    exempted. If he abstains from attending the

    proceedings without justifiable cause, that could

    also be seen as breach of the conditions for

    grant of bail and the trial court will be free to

    pass appropriate orders.

    Crl. Appeal @ SLP (Crl.) No.18775/2025 3

    13. We clarify that the observations made in

    this order and grant of bail will not be treated as

    findings on the merits of the case.

    14. The appeal is, accordingly, allowed on the

    aforesaid terms.

    15. Pending application(s), if any, shall stand

    disposed of.

    ……………………………………..J.
    (DIPANKAR DATTA)

    ……………………………………..J.
    (PRASANNA B. VARALE)
    New Delhi;

    March 13, 2026.

    
    
    
    
    Crl. Appeal @ SLP (Crl.) No.18775/2025                   4
    ITEM NO.5               COURT NO.8                SECTION II-B
    
                S U P R E M E C O U R T O F              I N D I A
                       RECORD OF PROCEEDINGS
    
    

    Petition for Special Leave to Appeal (Crl.)
    No.18775/2025

    [Arising out of impugned final judgment and order
    dated 11-07-2025 in CRMM No.24915/2025 passed by
    the High Court of Punjab & Haryana at Chandigarh]

    PARDEEP KUMAR @ BANU Petitioner

    VERSUS

    STATE OF PUNJAB Respondent

    I.A. No.284306/2025-EXEMPTION FROM FILING C/C OF
    THE IMPUGNED JUDGMENT
    I.A. No.284307/2025-PERMISSION TO FILE ADDITIONAL
    DOCUMENTS/FACTS/ANNEXURES

    Date : 13-03-2026 This matter was called on for
    hearing today.

    CORAM : HON’BLE MR. JUSTICE DIPANKAR DATTA
    HON’BLE MR. JUSTICE PRASANNA B. VARALE

    For Petitioner(s) :Mr. Gaurav Goyal, Adv.

    Ms. Srija Choudhury, AOR

    For Respondent(s) :Ms. Abha Sharma, AOR
    Mr. Anupam Maurya, Adv.

    Mr. Praneet Das, Adv.

    Crl. Appeal @ SLP (Crl.) No.18775/2025 5
    UPON hearing the counsel the Court made
    the following
    O R D E R

    1. Leave granted.

    2. The appeal is allowed in terms of the signed order.

    3. Pending application(s), if any, shall stand disposed of.

    (MANIK KUMAR) (SUDHIR KUMAR SHARMA)
    SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

    Crl. Appeal @ SLP (Crl.) No.18775/2025 6



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here