The Court held that regular bail should not be granted at the stage where the trial is nearly complete and all prosecution witnesses have been examined, reaffirming existing precedent. The judgment is a binding authority on subordinate courts in Punjab & Haryana for bail jurisprudence under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/40544/2025 of SARWAN SINGH Vs STATE OF PUNJAB |
| CNR | PHHC011165952025 |
| Date of Registration | 28-07-2025 |
| Decision Date | 31-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MRS. JUSTICE MANISHA BATRA |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding on all subordinate courts in Punjab & Haryana |
| Type of Law | Criminal Law — Bail under Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Questions of Law | Whether regular bail should be granted when the criminal trial is at its fag end and prosecution evidence is complete. |
| Ratio Decidendi |
The court held that in a situation where the trial is nearly complete, with all prosecution witnesses examined and the case fixed for leading defence evidence, there is no valid ground to grant regular bail. The stage of the trial is critical for bail considerations, and bail should not be routinely granted when the matter is at its concluding phase. This ensures the integrity of the trial process and prevents any possible derailment at the final stage. |
| Facts as Summarised by the Court |
The petitioner sought regular bail under Section 483, BNSS, 2023 in an FIR under Sections 302 & 120-B IPC. The State and complainant objected, stating the trial was almost complete as all prosecution witnesses had been examined, and the case was listed for defence evidence. The petitioner could not dispute these facts. The Court found no ground to grant bail at this critical stage and dismissed the petition. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Punjab & Haryana |
| Persuasive For | May be persuasive for other High Courts deciding bail at a similar stage of proceedings |
What’s New / What Lawyers Should Note
- Reiterates that bail will not be granted as a matter of course when the trial is at the stage of leading defence evidence, especially after all prosecution witnesses are examined.
- The stage of the trial is a decisive factor for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Lawyers should advise clients that delay in seeking bail until the completion of prosecution evidence may reduce the likelihood of success.
Summary of Legal Reasoning
- The court observed that the trial was at its final stage, with all prosecution witnesses already examined and only defence evidence left to be led.
- Both the State and the complainant opposed bail on this ground, highlighting that judicial discretion must be exercised considering the stage of proceedings.
- The petitioner’s counsel could not contradict the factual stage of the trial.
- The court, considering these points, determined that no sufficient ground existed to grant regular bail at such an advanced stage of trial, thereby dismissing the petition.
Arguments by the Parties
Petitioner
- Sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Respondent (State and Complainant)
- Objected to bail on the ground that the trial was almost complete.
- Stated that all prosecution witnesses had been examined and the case was now fixed for defence evidence.
- Asserted that, at this stage, the petitioner was not entitled to bail.
Factual Background
The petitioner was seeking regular bail in relation to an FIR registered under Sections 302 and 120-B of IPC at Police Station Lopoke, District Amritsar. The status report indicated that the trial had progressed to the point where all prosecution witnesses had been examined. The case was now fixed for leading defence evidence. The State and complainant’s counsel opposed bail on these grounds, which were not disputed by the petitioner.
Statutory Analysis
- The Court considered Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, while addressing the bail plea.
- The legal interpretation focused on the significance of the stage of judicial proceedings (post-prosecution evidence, pre-defence evidence) for deciding bail.
- No wider or narrower statutory interpretation was discussed beyond the application to these facts.
Alert Indicators
- ✔ Precedent Followed – The court reaffirmed existing principles regarding the grant of bail at advanced stages of trial.