CRM-M-14874-2025 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 238 CRM-M-14874-2025 Date of decision: 23rd July, 2025 Jagsir Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Kanwaljeet Singh, Advocate for the petitioner. Mr. Roshandeep Singh, Assistant Advocate General, Punjab. *** MANISHA BATRA, J (ORAL):- The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of regular bail in case bearing FIR No. 218 dated 28.11.2024 registered under Sections 115(2) and 304(2) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) at Police Station Dirba, District Sangrur. 2. As per the allegations, on 08.11.2024, the complainant Hamir Kaur was sitting in the street abutting her house, when two persons came on a motor bike and snatched her gold earrings. Her right ear was damaged. Both of them immediately escaped from the spot. She raised alarm and her neighbourers had reached at the spot. While alleging that she could identify the culprits, she prayed for taking action. After registration of FIR, investigation proceedings were initiated. The petitioner was arrested on 12.12.2024. He suffered disclosure statement admitting his involvement in Parveen Sharma 2025.07.25 11:55 I attest to the accuracy and integrity of this document CRM-M-14874-2025 2- the crime. Co-accused was also arrested. Investigation now stands completed and the petitioner along with the co-accused is facing trial for commission of the aforementioned offences. 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. No recovery has been effected from him. His further incarceration would not serve any useful purpose. It is, therefore, argued that he deserves to be released on bail. 4. Learned Assistant Advocate General, Punjab, has advance notice of the petition and is ready to argue the matter. Learned Assistant Advocate General, Punjab, has argued that keeping in view the gravity of the allegations and the fact that the petitioner is a habitual offender being involved in two more criminal cases, it is, urged that he does not deserve to be released on bail. 5. I have heard learned counsel for the parties at considerable length and have gone through the record carefully. 6. The petitioner is alleged to have snatched gold earrings of the victim while causing injury on her right ear. He has been in custody since 12.12.2024. Investigation stands completed. Trial will take time to conclude. The involvement of the petitioner in two other cases cannot be considered to be a reason for not allowing the benefit of bail to him. He is on bail in those cases. It is well settled proposition of law that bail is the rule and jail is an exception. Keeping in view the above discussed facts and circumstances but without meaning to make any comment on the merits of the case, I am of the considered opinion that the petition deserves to be allowed. Hence, the same Parveen Sharma 2025.07.25 11:55 I attest to the accuracy and integrity of this document CRM-M-14874-2025 3- is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal/surety bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned. 7. Since the main petition has been allowed, pending application, if any, is rendered infructuous. [MANISHA BATRA] JUDGE 23rd July, 2025 Parveen Sharma 1. Whether speaking/ reasoned : Yes / No 2. Whether reportable : Yes / No Parveen Sharma 2025.07.25 11:55 I attest to the accuracy and integrity of this document