Punjab & Haryana High Court grants bail to UAPA accused after 5 years in jail, stressing that trial cannot become punishment itself and reaffirming Article 21 rights.
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Chandigarh: The Punjab and Haryana High Court has granted bail to Sukhjinder Singh @ Bittu, who had been lodged in jail for over five years under the Unlawful Activities (Prevention) Act (UAPA). The Division Bench of Justice Deepak Sibal and Justice Lapita Banerji noted that despite the filing of the chargesheet in 2021, all 36 witnesses remained unexamined, and the State could not give a reasonable estimate of when the trial might conclude.
Background of the Case
Sukhjinder Singh was arrested in 2020 following the alleged recovery of a .32 bore pistol, live cartridges, and ₹50,000 in drug money from his possession. He was booked under multiple provisions of the IPC, the Arms Act, and stringent provisions of the UAPA.
The prosecution alleged that Singh was part of a group engaged in dacoity, extortion, drug smuggling, and anti-national activities, and linked him to a car snatching incident. However, the Court noted that no specific role was attributed to him, and no incriminating evidence connected him to terrorist acts under the UAPA.
Court’s Observations
The Court stressed that prolonged incarceration without progress in trial violates Article 21 of the Constitution, which guarantees the right to life and liberty, including the right to a speedy trial.
Quoting the Supreme Court’s precedent in K.A. Najeeb v. Union of India (2021), the Bench reiterated that long custody by itself is a valid ground for granting bail under UAPA, even in light of the restrictions under Section 43-D(5) of the Act.
“The Constitutional Court would like to prevent a situation where the lengthy and arduous process of trial becomes the punishment in itself … Article 21 enshrines the fundamental right to protection of life and liberty which also includes the right to a speedy trial.”
– Punjab & Haryana High Court
The Court also observed that mere serious allegations cannot justify continued detention without supporting material, especially when the trial shows no signs of early conclusion.
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The Bail Order
Given the five years, two months, and 30 days already spent in custody, and the uncertainty of trial completion, the Court ordered Singh’s release on bail. The conditions imposed include furnishing a bond of ₹10 lakh with two sureties of the same amount.
Appearance:
The accused: Advocates Saurav Bhatia and Kuljinder Billing
The State of Punjab: Senior Deputy Advocate General Sartej Singh Gill
Case Title:
Sukhjinder Singh @ Bittu v State of Punjab
CRA-D-1103-2022 (O&M)
Read Order:
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