CRM-M-27121- IN THE H (224) SONU STATE OF PUNJ CORAM: HON Present: Mr. Ms. S MANISHA BATR 1. The Section 483 of Bh for grant of regul registered under S District Amritsar. dismissed as withd 2024 was dismisse 2. The a got recorded by th that his father-in Shindi, wife of Sa At about 02:00 PM informed that Mo -2026 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH Versus PUNJAB HON'BLE MRS. JUSTICE MANIS Mr. Sukhvir Gill, Advocate for the pe Ms. Sakshi Bakshi, AAG, Punjab **** BATRA, J. (ORAL) The instant one is the 4th petition pre of Bharatiya Nagarik Suraksha Sanh regular bail in case arising out of F nder Sections 302, 34 and 120B of ritsar. Two of the previous petitio s withdrawn, whereas the third petitio smissed by this Court on 07.03.2025. The aforementioned FIR was registe by the complainant Malkeet Singh o in-law Mor Singh was having ill of Satpal Singh. On that day, he had :00 PM, the complainant received a c at Mor Singh was being assaulted b JAB AND HARYANA AT ARH CRM-M-27121-2026 (O&M) Date of decision : 19.05.2026 ... Petitioner ...Respondent ANISHA BATRA the petitioner preferred by the petitioner under a Sanhita, 2023 (for short “BNSS”) ut of FIR No.110 dated 20.05.2020 B of IPC at Police Station Ajnala, petitions as filed by him had been petition bearing CRM-M No.37319- 2025. registered on the basis of statement ingh on 20.05.2020, alleging therein ing illicit relationship with accused he had left his house to meet Shindi. ed a call from one Jagir Singh, who lted by some persons. He rushed M) 2026 oner dent nder SS”) 2020 nala, been - ment erein used indi. who shed AMIT SHARMA 2026.05.20 12:35 I attest to the accuracy and integrity of this order/judgment. CRM-M-27121- towards the house in an unconscious well as Shindi, wh of them fled away brought dead. By petitioner and his m 3. After As per the post-m obstruction of airw of nature. The pe On interrogation involvement in the victim by using a offence of murder 4. Learn suffered prolonged There has not bee extended benefit o benefit. Each day seek concession of that the petition de 5. Notic -2026 (O&M) 2 house of Shindi and found the victim scious stage. He also found the petiti while changing the clothing of the away. The victim was rushed to the h d. By alleging that the death of the v d his mother Shindi, the complainant After registration of FIR, investigatio mortem report, the death occurred of airways which was sufficient to cau The petitioner and co-accused Shindi gation, they suffered disclosure t in the murder of the victim, by saying sing a pillow. Presently, they are f urder of the victim. Learned counsel for the petitioner has longed incarceration for a period of a ot been much progress in the trial. nefit of bail. On parity, he too dese ch day spent by him in custody has fur sion of bail afresh. He has clean antec tion deserves to be allowed. Notice of motion. victim Mor Singh to be lying therein e petitioner, who is son of Shindi as of the victim. On seeing him, both to the hospital but was declared to be f the victim had been caused by the inant prayed for taking action. stigation proceedings were initiated. curred as a result of asphyxia due to to cause death in the ordinary course Shindi were arrested on 18.08.2021. osure statements admitting their saying that they had strangulated the are facing trial for commission of ner has argued that the petitioner has of about 04 years and 09 months. trial. Co-accused Shindi has been o deserves to be extended the same has furnished a new reason to him to antecedents. It is, therefore, argued erein di as both to be y the ated. ue to urse 021. their d the n of r has nths. been same im to gued AMIT SHARMA 2026.05.20 12:35 I attest to the accuracy and integrity of this order/judgment. CRM-M-27121- 6. Learn ready to argue the petitioner as per w months and 28 d submitted by her t petition. It is als levelled against th 7. This C for the parties at co 8. The p prosecution witnes chances of conclu record to show t petitioner in any m that the release o prosecution eviden extended benefit o future as a subst petitioner is in cus factor, in the opin Hon’ble Apex Cou kept in custody fo considered on its o that every day spe -2026 (O&M) 3 Learned State counsel has advance ue the matter. While placing on recor per which he has suffered incarcerati 28 days and he has not been invo y her that the petition is not maintaina is also argued that keeping in view inst the petitioner, the petition does no This Court has heard the rival submis es at considerable length. The petitioner is in custody since 18 witnesses have been examined so far. conclusion of trial in the near future a how that the delay in conclusion o any manner whatsoever. There is al ease of the petitioner on bail would evidence or his absconding. Co-acc nefit of bail. There is no possibility substantial number of witnesses ar n custody for a period of 04 years, e opinion of this Court, is a ground ex Court has observed in a catena of c ody for an indefinite period of time, a on its own merits even if it is filed rep ay spent in custody can provide a ne vance notice of the petition and is record the custody certificate of the rceration for a period of 04 years, 08 n involved in any other case, it is ntainable as the same is a successive view the gravity of the allegations oes not deserve to be allowed. ubmissions made by learned counsel nce 18.08.2021. Only 05 out of 18 so far. As such it is apparent that the re are bleak. There is nothing on sion of trial is attributable to the re is also nothing on record to show would amount to interfering with accused Shindi has already been sibility of conclusion of trial in near ses are yet to be examined. The ears, 08 months and 28 days. This round to move for bail afresh. The a of cases that an accused cannot be time, and the bail application can be led repeatedly. It has also been held e a new cause of action for filing a d is f the s, 08 t is ssive tions unsel f 18 t the g on the show with been near The This The ot be n be held ing a AMIT SHARMA 2026.05.20 12:35 I attest to the accuracy and integrity of this order/judgment. CRM-M-27121- bail application u broader approach the right of the ac Prolonged detentio proposition of law is also well settle militates against t 21 of the Constitu trial without there to be released on shown to have bee no fruitful purpose also well settled exception and th conviction sentenc without meaning prejudice the cas petitioner is order well as surety b Magistrate/trial conditions :- (i) ind -2026 (O&M) 4 tion under certain circumstances. Th roach emphasizing that law prefers ba the accused with the requirements o etention itself is a ground for recons of law is that detention prior to trial s l settled proposition of law that prol ainst the most precious fundamental r onstitution and in such cases, when t t there being any fault on the part of th ed on bail. Since the trial of this cas ve been delayed, as such, this Court is urpose would be served by detaining ettled preposition of law that the ba nd that pre-trial incarceration shoul sentence. Keeping in view the above aning to make any comment on th e case of either of the parties, the ordered to be released on bail subjec rety bonds to the satisfaction of rial Court/Duty Magistrate concer (i) The petitioner shall not dire inducement, threat or promise to a This principle is a part of the fers bail over jail, aiming to balance ents of the criminal justice system. reconsideration of bail since settled trial should not become punitive. It t prolonged incarceration generally ental right guaranteed under Article hen there is delay in conclusion of t of the accused, he becomes entitled is case, apparently and evidently is ourt is of the considered opinion that aining the petitioner in custody. It is the bail is the rule and jail is an should not be a replica of post- above facts and circumstances but on the merits of the case, lest it s, the petition is allowed, and the subject to his furnishing personal as n of the learned Chief Judicial concerned and on the following t directly or indirectly make any se to any person acquainted with the f the lance tem. ttled It rally rticle n of titled tly is that It is is an - s but st it the al as icial wing ny h the AMIT SHARMA 2026.05.20 12:35 I attest to the accuracy and integrity of this order/judgment. CRM-M-27121- fac ma (ii) circ (iii hea (iv) pre furn info (v) Car lea any info sha (vi) lea 9. In th conditions, the re seeking cancellatio -2026 (O&M) 5 facts of the case or tamper with th manner whatsoever. (ii) The petitioner shall not le circumstance without permission of (iii) The petitioner shall appear b hearing. (iv) The petitioner shall provide his present address before the learne furnishing of bonds and shall n informing the trial Court. (v) The petitioner shall also give c Card if any and details of his mo learned trial Court at the time of fu any change in his mobile phone nu inform about the same to the learn shall keep his mobile phone switch (vi) The petitioner shall deposit h learned trial Court. In the eventuality of breach of the respondent-State shall be at lib cellation of the bail. with the evidence of the case in any not leave the country under any sion of the learned trial Court. pear before each and every date of ide his permanent address as well as learned trial Court at the time of hall not change the same without give copy of his Aadhar Card, PAN his mobile phone number(s) to the e of furnishing of bonds and in case, ne number takes place, then he shall e learned trial Court in advance and switch on all times. posit his passport, if any, with the h of any of the aforementioned at liberty to move an application any any te of ell as e of thout PAN the case, shall and the oned ation AMIT SHARMA 2026.05.20 12:35 I attest to the accuracy and integrity of this order/judgment. CRM-M-27121- 10. It is m the purpose of dec on the merits of th 11. Since any, is rendered in 19.05.2026 Amit Sharma -2026 (O&M) 6 It is made clear that any observation of deciding the present petition and t s of the case. Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes Whether reportable:- Yes/No vation made herein above is only for and the same shall have no bearing allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No y for aring n, if AMIT SHARMA 2026.05.20 12:35 I attest to the accuracy and integrity of this order/judgment.