Allowed¶53

Devender v. State of Haryana and Another

Punjab & Haryana HC21 Apr 2026CRA-S/201/2026

Case brief

AI extract

What is this about?

Regular bail - criminal appeal CRA-S-201-2026 - Punjab & Haryana High Court - preponement application dismissed as infructuous - appellants in custody since 17.10.2025 - simple injuries - co-accused Sohan @ Sonu already bailed (order dated 13.02.2026, Annexure P-2) - investigation complete, challan presented - bail is rule, jail is exception - release on furnishing requisite bonds - no opinion on merits - Subhas Mehlau, J. - decided 21.04.2026.

What did the court decide?

Appellants ordered to be released on regular bail on furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned; the preponement application was dismissed as infructuous and the other ancillary applications were allowed as prayed for. ¶53

Devender Vs State of Haryana and Another — Punjab & Haryana HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the application seeking preponement of the main case CRA-S-201-2026 (fixed for hearing on 01.04.2026) retained any utility once the fixed date had lapsed. +1 more

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Court's answer

The application seeking preponement of the main case (CRA-S-201-2026, fixed for hearing on 01.04.2026) was dismissed as having been rendered infructuous, since the fixed date stands lapsed.

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Ratio / Principle

Taking into account the facts and circumstances and contentions of learned counsel for the parties, the Court considered it a fit case for bail: appellants in custody since 17.10.2025; injuries to the complainant simple; main co-accused Sohan @ Sonu already granted regular bail by this Court on 13.02.2026 (Annexure P-2); investigation complete and challan presented; trial expected to take sufficient time.

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Key takeaways

No fruitful purpose would be served by keeping the appellants in further custody; bail cannot be denied merely as a measure of punishment, culpability being for the trial Court to decide on appreciation of evidence.ratio¶52
It is a trite principle of criminal jurisprudence that bail is rule and jail an exception.ratio¶52
Without expressing any opinion on the merits, the instant appeal is allowed and the appellants are ordered to be released on regular bail on furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Subhas Mehlau, J.), oral order dated 21.04.2026 in CRA-S-201-2026 (with connected matter): (i) the application for preponement of the main case, fixed for hearing on 01.04.2026, was dismissed as having been rendered infructuous since the date stood lapsed; (ii) other applications were allowed as prayed for; (iii) the criminal appeal was allowed and the appellants, in custody since 17.10.2025, were ordered released on regular bail on furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. Grounds: injuries to the complainant simple in nature; investigation complete and challan presented; trial would take sufficient time; main co-accused Sohan @ Sonu already granted regular bail by this Court vide order dated 13.02.2026 (Annexure P-2). The Court held that bail cannot be denied merely as a measure of punishment, culpability being for the trial Court, and reiterated that bail is rule and jail an exception. Order passed without expressing any opinion on the merits; photocopy directed to be placed on the file of the connected case.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Decided on: 21.04.2026

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CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA

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SUBHAS MEHLA, J. (Oral)

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The present application has been filed seeking preponement

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of the main case i.e. CRA-S-201-2026, which is fixed for hearing on 01.04.2026.

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SONIA PURI 2026.04.27 10:07 I attest to the accuracy and integrity of this document

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Since the date stands lapsed, the present application is rendered infructuous.

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Accordingly, the present application is dismissed, as having

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been rendered infructuous.

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Allowed as prayed for and Annexure P-2 is taken on record, subject to all just exceptions.

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Allowed as prayed for.

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Main case(s)

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Taking into consideration the facts & circumstances of the present case and the contentions raised by learned counsel for the parties, the fact that the appellants are in custody since 17.10.2025; the injuries caused to the complainant are simple in nature; the main co-accused namely Sohan @ Sonu has already been granted the concession of regular bail vide order dated 13.02.2026 passed by this Court (Annexure P-2); investigation is complete & challan stands presented; trial will take

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SONIA PURI 2026.04.27 10:07 I attest to the accuracy and integrity of this document

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sufficient time to conclude and no fruitful purpose would be served by keeping them in custody for any further period, as concession of bail cannot be denied just as a measure of punishment as culpability is to be decided by trial Court after appreciating evidence adduced by the parties, and it is a trite principle of criminal jurisprudence that bail is rule, jail is an exception, this Court deems it a fit case��%��..�� % ��1��.��

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Therefore, without expressing any opinion on the merits of the case, the instant appeal is allowed . The appellants are ordered to be released on regular bail on their furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

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Nothing observed herein shall be construed as an opinion on

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the merits of the main case.

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Photocopy of this order be placed on the file of the

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connected case.

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(SUBHAS MEHLA) JUDGE

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21.04.2026 Sonia Puri Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO

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SONIA PURI 2026.04.27 10:07 I attest to the accuracy and integrity of this document

Devender v. State of Haryana and Another

Case brief

What is this about?

What did the court decide?

Devender v. State of Haryana and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Coram

Case details

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