Petitioner's Continued Preventive Custody Based on Unsubstantiated Suspicion – Bail Allowed: Punjab and Haryana High Court

In a significant ruling, the Punjab and Haryana High Court observed that the "petitioner's continued preventive custody is based on an unsubstantiated suspicion that he might tamper with evidence or influence witnesses."

The case revolved around Gurtej Singh, who sought release as an undertrial after the trial court denied his bail. He was accused of threatening his wife and daughter and firing shots at them and the police. The defense argued that the FIR was based on a false version by the complainant, who is the petitioner's wife. They further contended there was no need for further custodial interrogation.

The State opposed the bail, citing serious allegations and concerns about the petitioner fleeing from trial proceedings.

Justice Arun Monga, in his observation, noted that the investigation against the petitioner had been completed, charges were framed, but the trial's progress had been slow. He highlighted that the petitioner had been in detention for more than four months.

Considering the overall scenario, the court granted bail to the petitioner, emphasizing his stable residence and clean antecedents. The court clarified that any observations made were solely for the purpose of the bail hearing and would not affect the case's merits.

Date of Decision: 13 October 2023

Gurtej Singh VS State of Punjab