The Punjab and Haryana High Court has directed the Senior Superintendent of Police (SSP) in Ludhiana to investigate a delay exceeding one-and-a-half years in submitting case property to the Forensic Science Laboratory (FSL). The court further ordered disciplinary action against any officials found responsible for the prolonged delay, noting that the FSL examination of crucial evidence was still pending even as the trial neared its conclusion.
Information was available with The Chenab Times that the directive was issued by Justice Surya Partap Singh while allowing a bail petition. The petition was filed by an accused in a case involving an FIR registered under Sections 109 of the Bharatiya Nyaya Sanhita and provisions of the Arms Act at the Dakha police station in Ludhiana district, related to an attempt-to-murder charge.
Justice Surya Partap Singh expressed significant concern over the procedural lag. The court noted that the case property had been sent to the FSL on June 16, 2026, more than 18 months after the alleged incident. This delay occurred despite the trial having progressed substantially, with the case property yet to undergo examination by the laboratory. Consequently, the SSP Ludhiana was instructed to thoroughly examine the matter and initiate appropriate disciplinary measures against the responsible officials.
The bail petition came before Justice Surya Partap Singh after the petitioner submitted a second application, as the first had not been decided on its merits. According to the prosecution’s account, the FIR was lodged following a complaint. The complainant alleged that on November 15, 2024, around 7 p.m., while he was at his grocery shop, the accused petitioner arrived and verbally abused him and his wife. When the complainant objected to this behaviour, the petitioner allegedly drew a revolver from his trousers and fired two shots. One shot reportedly struck the complainant on his right shoulder, and the other hit his wife in the chest.
Representing the petitioner, counsel argued that the accused had no prior criminal record and had already spent over one year and eight months in custody. The defence also contended that the investigation was complete, both injured parties had been discharged from the hospital, and the trial was unlikely to conclude in the immediate future.
The state, however, opposed the bail plea, asserting that the petitioner had fired the shots with the intent to cause death. It was further argued that all prosecution witnesses had testified and corroborated the prosecution’s case. The matter, the state submitted, was pending the FSL report.
In granting bail, the court took several factors into consideration. These included the fact that the first bail petition was not decided on merits, the petitioner’s substantial period of incarceration exceeding 20 months, his clean antecedents, the discharge of the injured from the hospital, the completion of witness testimonies, and the trial being stalled due to the delayed FSL report. The court also noted that nothing further needed to be recovered from the petitioner, and his continued detention served no purpose. Furthermore, there was no indication that he would tamper with evidence, influence witnesses, or abscond if released on bail.
Highlighting the constitutional imperative of a speedy trial, Justice Surya Partap Singh stated, “This Court is conscious of the basic and fundamental principle of law that the right to speedy trial is a part of a reasonable, fair and just procedure enshrined under Article 21 of the Constitution of India. This constitutional right cannot be denied to the accused as mandated by the Apex Court.”
Concluding the proceedings, the court allowed the bail petition, observing, “If the cumulative effect of all the factors involved in the instant case is taken into consideration, it leads to a conclusion that the petitioner is entitled to the benefit of bail, and that the present petition deserves to be allowed.” The court explicitly stated that its order was passed without making any comments on the merits of the case.
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