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High Court of Punjab and Haryana · body

2023 DAILYLAW 5627 (PNJ)

DILBAGH SINGH v. STATE OF PUNJAB

CRM-M/22844/2026 · 2026-07-03

Manisha Batra

body2023

Judgment text

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CRM-M-22844- IN THE HIGH COURT OF PUNJAB AND HARYANA AT (224) DILBAGH SINGH STATE OF PUNJAB CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Ms. Sakshi Bakshi, AAG, Punjab MANISHA BATRA, J. (ORAL) 1. The Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regular registered under Sections 115(2), 109, 125, 333, 351(2), 191(3), 190 and 1 Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) Arms Act, 1959 at Police Station Gharinda, District Amritsar Rural. His previous petition bearing CRM Court vide order dated 29.01.20 2. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody since 10.12.2024. Similarly situated co-accused Karan Singh @ manna has been extended benefit of bail. -2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SINGH Versus PUNJAB HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Raghav Soni, Advocate for the petitioner Ms. Sakshi Bakshi, AAG, Punjab **** MANISHA BATRA, J. (ORAL) The instant one is the second petition Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) regular bail in case arising out of FIR No. registered under Sections 115(2), 109, 125, 333, 351(2), 191(3), 190 and 1 Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) Arms Act, 1959 at Police Station Gharinda, District Amritsar Rural. His previous petition bearing CRM-M No.53805-2025 had been dismissed by this Court vide order dated 29.01.2026. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody since 10.12.2024. Similarly accused Karan Singh @ manna has been extended benefit of bail. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22844-2026 (O&M) Date of decision : 03.07.2026 ... Petitioner ...Respondent HON'BLE MRS. JUSTICE MANISHA BATRA Advocate for the petitioner petition filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in case arising out of FIR No.192 dated 19.08.2024 registered under Sections 115(2), 109, 125, 333, 351(2), 191(3), 190 and 103 of Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and Section 25 and 27 of Arms Act, 1959 at Police Station Gharinda, District Amritsar Rural. His 2025 had been dismissed by this It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody since 10.12.2024. Similarly accused Karan Singh @ manna has been extended benefit of bail. (O&M) 2026 .. Petitioner ...Respondent under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) 192 dated 19.08.2024 03 of and Section 25 and 27 of Arms Act, 1959 at Police Station Gharinda, District Amritsar Rural. His 2025 had been dismissed by this It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody since 10.12.2024. Similarly accused Karan Singh @ manna has been extended benefit of bail. AMIT SHARMA 2026.07.03 18:12 I attest to the accuracy and integrity of this order/judgment. CRM-M-22844- On parity, he too deserv there are no chances of conclusion of the trial in the near future. No specific overt act had been attributed to him. Each day spent by him in custody has furnished a ground afresh to him to seek conces that the petition deserve to be allowed. 3. Per contra, learned State counsel has argued that the petition being the second petition for grant of regular bail is not maintainable. It is also argued that the allegations stressed that the petition does not deserve to be allowed. 4. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. 5. The petitioner unlawful assembly with the co thereof, firstly the complainant and his assailants had reached at the house of the complaina which resulted in causing injuries to 03 members of the family of the complainant, one of whom succumbed to the same. The petitioner was alleged to be carrying a dang Manna, who has been extended benefit of bail was alleged to have carrying a datar at the time of occurrence. Taking into consideration the period of incarceration of the petitioner and on parity, this Court is of the considered opinion that the petitioner has the petition is allowed -2026 (O&M) 2 On parity, he too deserves to be extended the same benefit. Even otherwise there are no chances of conclusion of the trial in the near future. No specific overt act had been attributed to him. Each day spent by him in custody has furnished a ground afresh to him to seek conces that the petition deserve to be allowed. Per contra, learned State counsel has argued that the petition being the second petition for grant of regular bail is not maintainable. It is also argued that the allegations against the petitioner are serious in nature and, therefore, it is stressed that the petition does not deserve to be allowed. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. The petitioner is alleged to have formed membership of an unlawful assembly with the co-accused and in prosecution of common objection firstly the complainant and his father were intercepted and thereafter the assailants had reached at the house of the complaina which resulted in causing injuries to 03 members of the family of the complainant, one of whom succumbed to the same. The petitioner was alleged dang at the time of occurrence. The co , who has been extended benefit of bail was alleged to have carrying a at the time of occurrence. Taking into consideration the period of incarceration of the petitioner and on parity, this Court is of the considered opinion that the petitioner has made out a case for release on bail. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail subject es to be extended the same benefit. Even otherwise there are no chances of conclusion of the trial in the near future. No specific overt act had been attributed to him. Each day spent by him in custody has furnished a ground afresh to him to seek concession of bail. It is, thus, argued Per contra, learned State counsel has argued that the petition being the second petition for grant of regular bail is not maintainable. It is also argued against the petitioner are serious in nature and, therefore, it is stressed that the petition does not deserve to be allowed. This Court has heard the rival submissions made by learned counsel is alleged to have formed membership of an accused and in prosecution of common objection father were intercepted and thereafter the assailants had reached at the house of the complainant and had used firearms, which resulted in causing injuries to 03 members of the family of the complainant, one of whom succumbed to the same. The petitioner was alleged at the time of occurrence. The co-accused Karan Singh @ , who has been extended benefit of bail was alleged to have carrying a at the time of occurrence. Taking into consideration the period of incarceration of the petitioner and on parity, this Court is of the considered made out a case for release on bail. Accordingly, and the petitioner is ordered to be released on bail subject es to be extended the same benefit. Even otherwise there are no chances of conclusion of the trial in the near future. No specific overt act had been attributed to him. Each day spent by him in custody has sion of bail. It is, thus, argued Per contra, learned State counsel has argued that the petition being the second petition for grant of regular bail is not maintainable. It is also argued against the petitioner are serious in nature and, therefore, it is This Court has heard the rival submissions made by learned counsel is alleged to have formed membership of an accused and in prosecution of common objection father were intercepted and thereafter the nt and had used firearms, which resulted in causing injuries to 03 members of the family of the complainant, one of whom succumbed to the same. The petitioner was alleged accused Karan Singh @ , who has been extended benefit of bail was alleged to have carrying a at the time of occurrence. Taking into consideration the period of incarceration of the petitioner and on parity, this Court is of the considered made out a case for release on bail. Accordingly, and the petitioner is ordered to be released on bail subject AMIT SHARMA 2026.07.03 18:12 I attest to the accuracy and integrity of this order/judgment. CRM-M-22844- to his furnishing personal as well as surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistr 6. It is, however, clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in any manner. 7. Since the main petition has been any, is rendered infructuous. 03.07.2026 Amit Sharma -2026 (O&M) 3 to his furnishing personal as well as surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. It is, however, clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in any manner. Since the main petition has been allowed, any, is rendered infructuous. (MANISHA BATRA) Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No to his furnishing personal as well as surety bonds to the satisfaction of the ate/Duty Magistrate concerned. It is, however, clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in any manner. allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No to his furnishing personal as well as surety bonds to the satisfaction of the It is, however, clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case pending application, if AMIT SHARMA 2026.07.03 18:12 I attest to the accuracy and integrity of this order/judgment.