Long Incarceration and Parity Sufficient Ground for Bail: Punjab and Haryana HC

The Punjab and Haryana High Court has reinforced the principle that indefinite incarceration during a trial is impermissible, granting regular bail to an accused on the grounds of parity and significant time spent in custody. Justice Alok Jain, presiding over the matter, considered a petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner sought regular bail in connection with a case registered at Police Station Division No.4, Patiala, involving serious charges under the BNS, 2023.

Key Takeaways

Long Incarceration Bail

Pretrial detention exceeding seven months, combined with a trial that is likely to be prolonged, serves as a strong ground for the grant of bail.

Parity Ground for Bail

Accused persons identically placed to co-accused who have already secured bail are entitled to similar relief to maintain legal consistency.

Conditional Liberty

Granting bail is not an absolute discharge; it is subject to strict monitoring conditions, including location tracking and reporting to police authorities.

Prolonged Incarceration and Bail

The Punjab and Haryana High Court noted that the petitioner had been in custody for nearly eight months and possessed clean antecedents. Given that the trial was not expected to conclude soon, the High Court found no justification for continued incarceration. The Bench also took note of the petitioner's claim of parity with a co-accused who was previously granted bail by a Co-ordinate Bench.

The Court allowed the application for long incarceration bail with certain conditions such as declaration of residence, marking presence before SHO, submission of passport, etc.

Ratio

Where an accused has clean antecedents and has undergone significant custody, and where a co-accused similarly situated has been granted bail, the accused is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 if the trial is unlikely to conclude in the near future.

Background for Parity Bail

The petitioner was implicated in FIR No. 68 dated 26.05.2025 under Sections 308(2), 205, 140(3), 115(2), 61(2), and 304 of the BNS, 2023 (corresponding to Sections 384, 171, 365, 323, 120-B of the erstwhile IPC). The petitioner's counsel argued that since a co-accused had already been released on bail, the petitioner deserved parity. The State provided a custody certificate confirming the petitioner had been in jail for 7 months and 30 days. After reviewing the facts and the status of the trial, the Court allowed the petition, directing the release of the petitioner on bail bonds and surety bonds.

Case Details:

Case No.: CRM-M-38414-2026

Neutral Citation: 2026:PHHC:126083

Case Title: Bhagwan Singh v. State of Punjab

Appearances:

For the Petitioner(s): Mr. LS. Kooner, Advocate

For the Respondent(s): Mr. Japjot Singh, AAG, Punjab

Source: 2026 CaseBase(PNH) 19044