The High Court reaffirms that regular bail should not be granted under Section 483 of the BNSS, 2023, after examination of all prosecution witnesses in a murder (Sections 302/120-B IPC) case, when the trial is at its concluding stage. This holding upholds existing bail jurisprudence and serves as binding authority for subordinate courts within the jurisdiction.
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 authority within Punjab & Haryana |
| Type of Law | Criminal (Bail; Bharatiya Nagarik Suraksha Sanhita, 2023) |
| Questions of Law | Entitlement to regular bail under Section 483 BNSS, 2023, when trial in murder case is at its closing stage |
| Ratio Decidendi |
The Court held that once the trial is at its fag end, with prosecution evidence concluded and the case fixed for leading defence evidence, there is no ground for granting regular bail to the accused. The status of trial progress is a material consideration. Grant of bail at this stage would not be justified, especially when the nature of offence is grave (Sections 302, 120-B IPC). |
| Facts as Summarised by the Court |
The petitioner sought regular bail in a murder case (FIR No. 160/2018 under Sections 302 and 120-B IPC). The prosecution opposed bail, highlighting that the trial was almost complete with all prosecution witnesses examined and only defence evidence pending. The Court found no basis to allow bail at this stage. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Punjab and Haryana |
| Persuasive For | Other High Courts and Courts interpreting Section 483 BNSS, 2023 |
What’s New / What Lawyers Should Note
- Confirms that bail can be routinely denied when the trial is at its concluding stage, especially after all prosecution evidence is recorded, in grave offences like murder.
- Strongly signals that mere passage of trial time does not by itself justify bail issuance in serious cases.
- The fact that the case is “fixed for defence evidence” was decisive for the bail rejection.
- Lawyers should carefully assess the trial stage and evidentiary status before seeking bail on regular grounds in heinous cases.
Summary of Legal Reasoning
- The Court carefully considered the prosecution’s submission that all prosecution witnesses had been examined, signalling nearing trial completion.
- It weighed the gravity of charges (Section 302 and 120-B IPC) and the advanced stage of proceedings.
- Applying settled principles that bail discretion is conditioned by the stage and progress of trial, the Court found no sufficient ground to release the petitioner on bail.
- Re-emphasised that bail may not be justified where the danger to the trial process is tangible, and the case is set for defence evidence.
- No expansion or relaxation of the bail threshold was recognised in the context of full prosecution evidence led in grievous offences.
Arguments by the Parties
Petitioner
- Sought grant of regular bail under Section 483 BNSS, 2023.
Respondent (State & Complainant)
- Opposed bail.
- Argued that the trial was nearly complete, with all prosecution witnesses examined.
- Submitted that the case was fixed for defence evidence and therefore, bail ought not to be granted at this stage.
Factual Background
- The petitioner was facing trial for offences under Sections 302 and 120-B IPC, registered via FIR No. 160 dated 07.08.2018 at Police Station Lopoke, District Amritsar.
- During the bail hearing, the prosecution informed the Court that all prosecution witnesses had been examined and the trial was at the stage of defence evidence.
- The petitioner applied for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- The Court was called upon to decide entitlement to bail at this near-final stage of trial.
Statutory Analysis
- The judgment considered Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, authorising regular bail.
- Focused on interpretation relating to grant of bail in light of trial progress in serious offences (302/120-B IPC).
- The Court applied the statute narrowly, holding bail was not warranted at the advanced stage post-prosecution evidence.
Alert Indicators
- ✔ Precedent Followed – The Court has followed existing precedent and principles regarding bail at late trial stages in grave offences.