Punjab-Haryana High Court Grants Bail  "Merely Because Allegations Are Serious, Bail Cannot Be Denied"

In a significant ruling, the Punjab-Haryana High Court has set aside the order of the Special Judge, Amritsar, and granted regular bail to Gursewak Singh, who has been in custody since July 5, 2020. The bench, comprising Hon'ble Ms. Justice Ritu Bahri, Acting Chief Justice, and Hon'ble Mrs. Justice Manisha Batra, delivered their decision on November 9, 2023, making a pivotal statement, "Merely because allegations are serious, bail cannot be denied."

Gursewak Singh had appealed against the dismissal of his regular bail application in a case involving charges under various sections of the Indian Penal Code, Unlawful Activities (Prevention) Act, Arms Act, and Prisons Act. The court highlighted concerns regarding the prosecution under the UAP Act due to the absence of pre-requisite sanction from the competent authority at the time of the presentation of the challan.

The Court observed that there was a lack of specific evidence attributing any role to Singh in the commission of the offences for which he had been booked. "No specific and active role is shown to have been attributed to the present appellant qua commission of offences punishable under the provisions of IPC and Arms Act," the bench noted.

In their judgment, the bench underscored the lengthy duration of Singh's custody and the slow pace of the trial as key considerations for granting bail. They remarked, "Considering the appellant's lengthy custody (about three and a half years) and the slow pace of the trial, the court allowed the appeal."

Advocates Mr. Rajiv Malhotra represented the appellant, while Mr. Alankar Narula, AAG, Punjab, appeared for the respondent.

The decision has been welcomed by legal experts as a reinforcement of the principle that the seriousness of allegations alone cannot be a ground for denial of bail, emphasizing the importance of individual liberty and the right to a fair trial. The Court also clarified that their observations were solely for the purpose of granting bail and should not influence the merits of the ongoing trial.

Date of Decision: 09.11.2023

Gursewak Singh VS State of Punjab