Gurjeet Singh vs State of Punjab

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of interim regular bail to the petitioner in FIR No.261 dated 12.12.2014, registered under Sections 302, 307, 324, 452, 427, 148 and 149 IPC (now corresponding provisions under the BNS) and Sections 25, 27, 54 and 59 of the Arms Act, Police Station Lopoke, District Amritsar Rural, along with cross-version DDR No.26 dated 12.12.2014, on the ground that the petitioner's nephew (son of his sister) expired on 31.07.2026 and the petitioner is required to attend and perform the last religious rites/Bhog ceremony.

The petitioner is facing trial in the aforesaid FIR and has remained in custody since 30.07.2023. The trial is still pending and the prosecution evidence is yet to conclude.

It is argued by learned counsel for the petitioner that the petitioner's nephew had died on 31.07.2026 and the Bhog ceremony/final religious rites are fixed for 09.08.2026. The petitioner, being the maternal uncle and the only adult male member looking after the bereaved family, is required to perform the last rites and support his sister during this period of grief. It is further argued that the petitioner seeks only a short duration of interim bail and undertakes to abide by all the conditions imposed by this Court, not to misuse the concession, not to influence any witness and to surrender immediately after expiry of the period of interim bail.

On the other hand, learned State counsel, while opposing the petition, has submitted that the petitioner is facing trial in a serious criminal case involving offences punishable under Section 302 IPC and other allied provisions. It is argued that the allegations against the petitioner are grave in nature and, therefore, no case for grant of interim bail is made out merely on sympathetic considerations. It is further submitted that if this Court is inclined to grant any relief, the same may be for the shortest possible duration and subject to stringent conditions so as to ensure that the petitioner surrenders back before the jail authorities within the stipulated time.

This Court has heard the rival submissions.

The prayer made in the present petition is only for grant of interim bail on humanitarian grounds to enable the petitioner to participate in the last religious ceremonies of his deceased nephew. The factum of the death of the petitioner's nephew and the scheduled Bhog ceremony has been supported by the material placed on record, including the Panchayat resolution. Keeping in view the limited nature of the prayer and without expressing any opinion on the merits of the case, this Court is of the considered view that the ends of justice would be adequately served by granting the petitioner interim bail for a limited period. Accordingly, the present petition is disposed of by directing that the petitioner be released on interim bail for two days, i.e. on 09.08.2026 and 10.08.2026, in the aforesaid case, subject to his furnishing requisite personal/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned/Jail Superintendent, as the case may be. The petitioner shall abide by all the terms and conditions imposed upon him, shall not influence any prosecution witness or tamper with the evidence, and shall positively surrender before the Superintendent, Central Jail concerned on 11.08.2026 by 05:00 P.M. Failure to surrender within the stipulated time shall entail consequences in accordance with law.

Disposed of accordingly.

Let a copy of this order be given dasti to learned counsel for the petitioner under the signatures of the Reader of this Court.

Registry is also directed to send a copy of this order forthwith to the learned trial Court as well as to the Superintendent of the jail concerned.