The High Court reaffirms that when prosecution evidence is closed and trial is at its end stage, granting regular bail is not warranted; this judgment follows established principles and serves as binding precedent for subordinate courts considering bail at comparable procedural stages in criminal matters.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/49481/2025 of ARSHDEEP SINGH Vs STATE OF PUNJAB |
| CNR | PHHC011415412025 |
| Date of Registration | 03-09-2025 |
| Decision Date | 10-09-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MR. JUSTICE VINOD S. BHARDWAJ |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding on subordinate courts within jurisdiction |
| Type of Law | Criminal Procedure, Bail under Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Questions of Law | Grant of regular bail under Section 483 BNSS, 2023, when trial is at final stage |
| Ratio Decidendi |
The court examined the stage of proceedings and found that the entire prosecution evidence was closed, with most witnesses examined or given up. In light of the trial being at its fag end, the court held it inappropriate to grant regular bail at this juncture and dismissed the petition. |
| Facts as Summarised by the Court |
Petition filed under Section 483 BNSS, 2023 for regular bail in connection with FIR No. 60 (dated 13.06.2024) under Sections 302, 34 IPC at Police Station Bhikhiwind, District Tarn Taran. Of 17 prosecution witnesses, 8 examined and 9 given up; evidence stands closed. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Punjab & Haryana jurisdiction |
| Persuasive For | Other High Courts, reference for similar procedural scenarios |
What’s New / What Lawyers Should Note
- Reiterates that bail applications at the very end of trial, where prosecution evidence is closed, are likely to be dismissed.
- Lawyers should highlight any exceptional circumstances if seeking bail at a similar procedural stage.
- The procedural progress of the case—specifically, that evidence is closed—remains a strong factor against grant of bail.
Summary of Legal Reasoning
- The petitioner sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a murder case (Sections 302, 34 IPC).
- The State informed the court that out of the total list of prosecution witnesses, 8 have been examined and 9 given up, with all prosecution evidence now closed.
- The High Court noted that the trial is at its fag end.
- Based explicitly on these facts and the procedural stage, the court found it improper to grant the concession of bail and accordingly dismissed the petition.
Arguments by the Parties
Petitioner
- Sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Respondent (State)
- Informed court that trial is at its final stage, with all prosecution evidence closed (out of 17 witnesses, 8 examined and 9 given up).
Factual Background
The petitioner was seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in FIR No. 60 dated 13.06.2024 registered under Sections 302, 34 IPC at Police Station Bhikhiwind, District Tarn Taran. The investigation was complete, and among the 17 witnesses cited, the prosecution had examined 8 and given up 9. All prosecution evidence was closed, and trial was nearly concluded at the time of hearing.
Statutory Analysis
- The judgment was rendered under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning the power to grant regular bail.
- The court’s approach centered on the timing of the bail application—specifically, when the trial is at its concluding stage and evidence is closed.
- No other statutory provisions or interpretations are discussed.
Procedural Innovations
No new procedural innovations or guidelines issued in this judgment.
Alert Indicators
- ✔ Precedent Followed – Existing law and established principle regarding bail at the final stage of trial is affirmed.