CRM-M-23249- IN THE HIGH COURT OF PUNJAB AND HARYANA AT (226) AMRITPAL SINGH @AMIT STATE OF PUNJAB CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Ms. Sakshi Bakshi, AAG, Punjab MANISHA BATRA, J. (ORAL) 1. The 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) of regular bail in case arising out of FIR No. under Sections 307, 34 of IPC and Sections 25, (Sections 148, 149, 506 and 120B of IPC added later on) at Police Station Lambran, District Jalandhar (Rural). 2. The aforementioned statement recorded by the complainant morning of 22.10.2023, her son Gurme -2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of decision : AMRITPAL SINGH @AMIT Versus PUNJAB HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Harmanjeet Singh Dhaliwal, Advocate for the petitioner Ms. Sakshi Bakshi, AAG, Punjab **** MANISHA BATRA, J. (ORAL) The instant petition has been filed by the petitioner 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in case arising out of FIR No.92 dated 23.10.2023 registered under Sections 307, 34 of IPC and Sections 25, (Sections 148, 149, 506 and 120B of IPC added later on) at Police Station Lambran, District Jalandhar (Rural). The aforementioned FIR has been registered on the basis of statement recorded by the complainant – Sukhwinder Kaur alleging that in morning of 22.10.2023, her son Gurmej Singh @ Gonsa had gone to the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-23249-2026 (O&M) Date of decision : 03.07.2026 ... Petitioner ...Respondent HON'BLE MRS. JUSTICE MANISHA BATRA Advocate for the petitioner petition has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant 92 dated 23.10.2023 registered 25F and 27 of Arms Act, 1959 (Sections 148, 149, 506 and 120B of IPC added later on) at Police Station been registered on the basis of ukhwinder Kaur alleging that in the j Singh @ Gonsa had gone to the fields to .. Petitioner ...Respondent under Section for grant 92 dated 23.10.2023 registered 25F and 27 of Arms Act, 1959 (Sections 148, 149, 506 and 120B of IPC added later on) at Police Station been registered on the basis of the fields to AMIT SHARMA 2026.07.04 10:46 I attest to the accuracy and integrity of this order/judgment. CRM-M-23249- cultivate the same along with his tractor. At about 02:25 p.m., while coming back to have lunch at his house and had reached near the villager Kundan Singh, he on a motorbike and f had somehow ma occurrence took place w After registration of the FIR, Victim Gurmej Singh @ basis of which accused nominated as accused. On 28.10.2023, which the present petitioner and accused. They were arrested on 29.10.2023. Investigation now stands completed. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He was not named in the FIR and his name was added on the basis of suppleme after the incident. No test identification parade of the petitioner was conducted. No specific role has been attributed to him. No recovery has been effected from him. He is in custody for a period of abou purpose would be served by detaining him in custody anymore. Similarly situated co-accused Gurpreet Singh has been extended benefit of bail. On -2026 (O&M) 2 cultivate the same along with his tractor. At about 02:25 p.m., while coming back to have lunch at his house and had reached near the villager Kundan Singh, he was intercepted by two unknown on a motorbike and fired shots upon her son with an had somehow managed to save himself and had a k place within the sight of the complainant, who raised a clamour. After registration of the FIR, investigation proceedings have been i Victim Gurmej Singh @ Gonsa recorded his statement on 24.10.202 basis of which accused Harpreet Singh @ Happy an nominated as accused. Offences under Sections 506 and 120 On 28.10.2023, victim recorded his supplementary statement on the basis of present petitioner and Gurpreet Singh were n They were arrested on 29.10.2023. Investigation now stands It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He was not named in the FIR and his name was added on the basis of supplementary statement of the victim recorded 05 days after the incident. No test identification parade of the petitioner was conducted. No specific role has been attributed to him. No recovery has been effected from him. He is in custody for a period of about 02 years and 08 months. No useful purpose would be served by detaining him in custody anymore. Similarly accused Gurpreet Singh has been extended benefit of bail. On cultivate the same along with his tractor. At about 02:25 p.m., while he was coming back to have lunch at his house and had reached near the house of a co- was intercepted by two unknown persons, who came ired shots upon her son with an intent to kill him. Her son naged to save himself and had a narrow escape. The complainant, who raised a clamour. investigation proceedings have been initiated. Gonsa recorded his statement on 24.10.2023 on the Harpreet Singh @ Happy and Harbhajan Singh were Offences under Sections 506 and 120-B IPC were added. victim recorded his supplementary statement on the basis of Singh were nominated as additional They were arrested on 29.10.2023. Investigation now stands It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He was not named in the FIR and his name was ntary statement of the victim recorded 05 days after the incident. No test identification parade of the petitioner was conducted. No specific role has been attributed to him. No recovery has been effected from t 02 years and 08 months. No useful purpose would be served by detaining him in custody anymore. Similarly accused Gurpreet Singh has been extended benefit of bail. On he was - persons, who came intent to kill him. Her son narrow escape. The complainant, who raised a clamour. nitiated. 3 on the ingh were IPC were added. victim recorded his supplementary statement on the basis of ominated as additional They were arrested on 29.10.2023. Investigation now stands It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He was not named in the FIR and his name was ntary statement of the victim recorded 05 days after the incident. No test identification parade of the petitioner was conducted. No specific role has been attributed to him. No recovery has been effected from t 02 years and 08 months. No useful purpose would be served by detaining him in custody anymore. Similarly accused Gurpreet Singh has been extended benefit of bail. On AMIT SHARMA 2026.07.04 10:46 I attest to the accuracy and integrity of this order/judgment. CRM-M-23249- parity, he too deserves to be extended the same benefit. It is, therefor that the petition deserves to be allowed. 4. Per contra, learned State counsel while relying upon the status report and custody certificate has vehemently argued that the allegations against the petitioner are serious in nature. He is a habitual several other cases. There are chances of his intimidating the witnesses or committing similar offences, if extended benefit of bail. It is, therefore, argued that the petition does not deserve to be allowed. 5. This Court ha for the parties at considerable length. 6. The petitioner is in custody for a period of about 02 years and 08 months. Only 02 out of 33 prosecution witnesses have been examined so far and, therefore, the chances of conclusion of trial in the near future are obviously bleak. The well settled proposition of law is that prolonged incarceration militates against most precious fundamental right of an accused guaranteed under Article 21 of the Constitution of trial without there being any fault on the part of the accused, he becomes entitled to be released on shown to have been delayed, as such, this no fruitful purpose would be served more. It is well settled proposition exception. Keeping in view the -2026 (O&M) 3 parity, he too deserves to be extended the same benefit. It is, therefor that the petition deserves to be allowed. Per contra, learned State counsel while relying upon the status report and custody certificate has vehemently argued that the allegations against the petitioner are serious in nature. He is a habitual several other cases. There are chances of his intimidating the witnesses or committing similar offences, if extended benefit of bail. It is, therefore, argued 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 in custody for a period of about 02 years and 08 months. Only 02 out of 33 prosecution witnesses have been examined so far the chances of conclusion of trial in the near future are obviously bleak. The well settled proposition of law is that prolonged incarceration militates against most precious fundamental right of an accused guaranteed under Article 21 of the Constitution of India, and if there is delay in conclusion of trial without there being any fault on the part of the accused, he becomes entitled to be released on bail. Since the trial of this, ave been delayed, as such, this Court is of the considered opinion that ruitful purpose would be served by keeping the petitioner in custody any It is well settled proposition of law that the bail is the rule and jail is an exception. Keeping in view the above facts and circumstan parity, he too deserves to be extended the same benefit. It is, therefore, urged Per contra, learned State counsel while relying upon the status report and custody certificate has vehemently argued that the allegations against the petitioner are serious in nature. He is a habitual offender being involved in several other cases. There are chances of his intimidating the witnesses or committing similar offences, if extended benefit of bail. It is, therefore, argued s heard the rival submissions made by learned counsel The petitioner is in custody for a period of about 02 years and 08 months. Only 02 out of 33 prosecution witnesses have been examined so far the chances of conclusion of trial in the near future are obviously bleak. The well settled proposition of law is that prolonged incarceration militates against most precious fundamental right of an accused guaranteed and if there is delay in conclusion of trial without there being any fault on the part of the accused, he becomes bail. Since the trial of this, apparently and evidently is rt is of the considered opinion that by keeping the petitioner in custody any of law that the bail is the rule and jail is an above facts and circumstances but without e, urged Per contra, learned State counsel while relying upon the status report and custody certificate has vehemently argued that the allegations against offender being involved in several other cases. There are chances of his intimidating the witnesses or committing similar offences, if extended benefit of bail. It is, therefore, argued s heard the rival submissions made by learned counsel The petitioner is in custody for a period of about 02 years and 08 months. Only 02 out of 33 prosecution witnesses have been examined so far the chances of conclusion of trial in the near future are obviously bleak. The well settled proposition of law is that prolonged incarceration militates against most precious fundamental right of an accused guaranteed and if there is delay in conclusion of trial without there being any fault on the part of the accused, he becomes apparently and evidently is rt is of the considered opinion that by keeping the petitioner in custody any of law that the bail is the rule and jail is an out AMIT SHARMA 2026.07.04 10:46 I attest to the accuracy and integrity of this order/judgment. CRM-M-23249- meaning to make any comment and the petitioner is well as 02 surety to the condition that he shall not directly or indirectly make any indu threat or promise to any person acquainted appear before the learned trial Court on each and every date of when his presence has been passport, if any, furnis change his mobile number(s) during the 7. Breach of any of the above conditions s cancellation of bail granted to the petitioner. 8. Since the main petition has been any, is rendered infructuous. 03.07.2026 Amit Sharma -2026 (O&M) 4 meaning to make any comment on the merits of the case, the petition i and the petitioner is ordered to be released on bail on his furnis well as 02 surety bonds to the satisfaction of the learned trial Court, and su condition that he shall not directly or indirectly make any indu threat or promise to any person acquainted with the facts of the case. He appear before the learned trial Court on each and every date of sence has been exempted by the trial Court. He passport, if any, furnish details of his cell phone and his mobile number(s) during the pendency of the trial. Breach of any of the above conditions s cancellation of bail granted to the petitioner. Since the main petition has been allowed, any, is rendered infructuous. (MANISHA BATRA) Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No on the merits of the case, the petition is allowed ordered to be released on bail on his furnishing personal as bonds to the satisfaction of the learned trial Court, and subject condition that he shall not directly or indirectly make any inducement, with the facts of the case. He shall appear before the learned trial Court on each and every date of hearing except exempted by the trial Court. He shall surrender his h details of his cell phone and Aadhaar card, and shall not pendency of the trial. Breach of any of the above conditions shall be a ground for allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No s allowed hing personal as bject cement, shall hearing except shall surrender his Aadhaar card, and shall not l be a ground for pending application, if AMIT SHARMA 2026.07.04 10:46 I attest to the accuracy and integrity of this order/judgment.