Archive · 12 Nov 2025
Punjab and Haryana HC Denies Bail in UAPA Case Despite 4-Year Wait
Imagine someone is accused of a serious crime and asks a judge for permission to go home while waiting for their trial, which is called bail.
This person, Jaswant Singh Sohnewala, has been waiting for a trial for four years.
His lawyer argued that waiting this long without a trial is like being punished before being found guilty, and that other people accused of similar things got bail.
The court had even said in another case that waiting too long is unfair.
However, in this specific case, the judge decided not to give Jaswant bail.
The court heard his request many times over the years, but ultimately the prosecution convinced the judge that the alleged crime was very serious.
This means Jaswant will have to keep waiting in jail until his trial is over.
Jaswant Singh Sohnewala's bail plea in a UAPA case, pending since September 2021, was denied by the Punjab and Haryana High Court.
The accused has been in custody for four years, and his lawyer argued this amounts to punishment before conviction.
No recoveries were made from Sohnewala, and all his co-accused have already been granted bail.
The court previously observed that long custody without trial conclusion is punishment before conviction in a separate UAPA case.
The prosecution opposed bail, citing serious charges of criminal conspiracy and abetting the waging of war against the Union of India.
- Who
- Jaswant Singh Sohnewala, an accused in a UAPA case, and the Punjab and Haryana High Court
- What
- The High Court disposed of a four-year-old bail plea of Jaswant Singh Sohnewala, denying him bail.
- When
- The bail plea was disposed of on Tuesday; it had been pending since September 2021. The court had previously made an observation on long custody without trial on November 3.
- Where
- Punjab and Haryana High Court
- Why
- The prosecution argued the accused committed serious offenses, while the defense highlighted the prolonged custody without trial conclusion and lack of recoveries.
Accused's Defense
Prosecution's Argument
Prolonged Custody as Punishment
Accused's Defense
The accused has been in jail for four years without trial conclusion, which amounts to punishment before conviction, a principle noted by the High Court in a similar case.
Prosecution's Argument
The prosecution argued that the accused committed serious offenses, including criminal conspiracy and abetting the waging of war against the Union of India, warranting denial of bail.
Nature of Allegations
Accused's Defense
The accused questions the severity of the allegations, asking if one can wage war against the Union of India with a small sum of money and a pistol.
Prosecution's Argument
The prosecution's argument implies the allegations, if true, constitute grave threats to national security.
Application of Legal Precedents
Accused's Defense
The defense counsel questions why the principle of "long custody without conclusion of trial amounts to punishment before conviction," applied in another UAPA case, was not extended to this accused.
Prosecution's Argument
The court's decision to deny bail suggests that the specific facts or circumstances of this case did not meet the criteria for applying the precedent in the same manner.
- Accused Name
- Jaswant Singh Sohnewala
- Bail Plea Pending Since
- September 2021
- FIR Police Station
- Mukandpur, Nawanshahr
- Allegations
- Criminal conspiracy and abetting the waging of war against the Union of India; alleged instigation for Khalistani activities
- Amount Sent for Unlawful Activities
- Rs 45,791
- Recoveries from Accused
- None mentioned
- Co-accused Bail Status
- All co-accused are out on bail
- Total Hearings
- 49 hearings by 24 judges