After Punjab and Haryana HC flags long custody without trial conclusion, accused in UAPA case denied bail after 4-year wait

The bail plea of accused Jaswant Singh Sohnewala in a UAPA case had been pending before the Punjab and Haryana High Court since September 2021.

Written by Kamaldeep Singh Brar

Chandigarh | Updated: November 12, 2025 04:15 PM IST

3 min read

As per the records, Sohnewala was not named in the initial FIR but was nominated later, and no recoveries were made from him. All the co-accused in the case are already out on bail. (File)

Days after the Punjab and Haryana High Court observed that long custody without conclusion of trial amounts to punishment before conviction, while granting bail to an accused in a case under the Unlawful Activities (Prevention) Act, another bench disposed of a similar plea pending for four years without providing any relief to the petitioner in a separate UAPA case.

On November 3, while granting bail to a UAPA accused, Jagwinder Singh alias Jagga, who had been behind bars for more than five years under stringent provisions of the Act, the bench of Justices Deepak Sibal and Lapita Banerji had observed that “long custody without conclusion of trial amounts to punishment before conviction.”

The current case pertains to a First Information Report (FIR) filed at the Mukandpur police station in Punjab’s Nawanshahr in which the bail plea of accused Jaswant Singh Sohnewala had been pending before the high court since September 2021.

On Tuesday, the division bench of Justices Gurvinder Singh Gill and Ramesh Kumari disposed of the bail application.

As per the records, Sohnewala was not named in the initial FIR but was nominated later, and no recoveries were made from him. All the co-accused in the case are already out on bail.

No relief for Jaswant Sohnewala

Sohnewala, however, was not extended any relief based on the prolonged custody. He was accused of instigating others for Khalistani activities and being the main leader.

According to the FIR, Manjit Singh alias Duhra, residing in Canada, sent an amount of Rs 45,791 to carry out unlawful activities in India. The case is based on the co-accused Satnam Singh’s disclosure statement that Jagwinder Singh (different person from Jagwinder mentioned above) alias Hari Singh approached him in April 2017 in Lucknow, along with Manvir Singh and, on their request, he gave them a .315 bore pistol, 10 cartridges, a .32 bore pistol, and eight cartridges after it was purchased for Rs 30,000.

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Satnam said the amount of Rs 30,000 was given by Jagwinder Singh after taking it from Manvir Singh. Later, co-accused Gurjit Singh alias Ghaint alias Gaggu disclosed that Sohnewala had been instigating others for Khalistani activities and was the main leader.

The public prosecutor, while opposing bail for Sohnewala, argued that he had committed the serious offence of criminal conspiracy and abetting the waging of war against the Union of India.

‘49 hearings held’

Speaking to The Indian Express, Sohnewala’s counsel Jaspal Singh Manjhpur asked, “Can anyone wage war against the Union of India with just Rs 45,000, a pistol, and a few cartridges?”

He added, “Sohnewala’s bail was first listed before a single-judge bench in September 2021. On February 7, 2023, it was ordered to be sent to a two-judge bench. In total, there were nine hearings by four single judges and 40 hearings by 20 different division benches — altogether 49 hearings by 24 judges from September 2021 to November 2025 – which only ended with the disposal of the bail plea,” the lawyer said.

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“How come the parameters used in Jagwinder Singh alias Jagga’s case don’t work in Jaswant Singh Sohnewala’s case?” he asked.

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