Absconding for 16 Years Bars Bail: P&H High Court Refuses Relief in Murder Case Despite Custody & Trial Delay

Case Name: Kamal Singh v. State of Haryana

Date of Judgment: 30 March 2026

Citation: CRM-M-14511-2025

Bench: Justice Jasjit Singh Bedi

Held: The Punjab & Haryana High Court held that an accused who absconded for a prolonged period, particularly after being declared a proclaimed offender, is not entitled to bail merely on the ground of custody or delay in trial. Conduct of the accused and seriousness of allegations outweigh such considerations.

Summary: The petitioner sought regular bail in a murder case registered under Section 302 IPC. The prosecution case alleged that following a prior dispute, the petitioner attacked the deceased and another individual with an iron rod during a late-night altercation, resulting in the death of one victim and serious injuries to another.

The petitioner argued that there was delay in registration of FIR and that the medical evidence (incised wounds) did not match the alleged weapon (iron rod). It was further contended that he had been in custody since April 2024 and that only 4 out of 27 prosecution witnesses had been examined, indicating a likely delay in conclusion of trial.

The State opposed the bail, emphasizing that the petitioner was specifically named as the sole accused and had been declared a proclaimed offender in 2008. He was apprehended only in 2024, after evading the process of law for nearly 16 years.

The Court found that the nature of injuries was consistent with the prosecution version, observing that a blunt weapon injury on the head may appear incised. Importantly, the Court placed significant weight on the conduct of the petitioner in absconding for such a long period.

It further noted that the trial was progressing at a steady pace, with witnesses already being examined, and therefore delay could not be a ground for bail in the present circumstances.

Decision: The High Court dismissed the bail petition, holding that given the seriousness of allegations, the petitioner’s conduct in absconding for 16 years, and the ongoing progress of trial, no case for grant of bail was made out.