CRM-M-49852-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 225 CRM-M-49852-2025 (O&M) Date of decision:19.01.2026 Jagdeep Singh @ Tholu ... Petitioner Vs. State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Amit Arora, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. ... Manisha Batra, J. (Oral). 1. The present petition has been filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking concession of regular bail in case arising out of FIR No.0233 dated 17.11.2024,, registered under Sections 103(1), 191(3), 190 of the BNS and Section 25(6) of the Arms Act (offences under Sections 61(2), 351(2)(3) and 249 of the BNS were added lateron), at Police Station Jhabhal, District Tarn Taran. 2. As per the allegations, on 17.11.2024, Partap Singh father of the complainant – Baljinder Singh had gone to the house of a co- villager Bhagwant Singh to attend bhog ceremony of his mother. After completion of the same, he along with his friend Budh Singh, had proceeded for his house on a motorbike, when he was intercepted by HARJEET KAUR 2026.01.20 10:54 I attest to the accuracy and integrity of this document CRM-M-49852-2025 (O&M) -2- one unknown person, who came riding on a motorbike and fired gun shot upon Partap Singh, resulting into his instantaneous death due to sustaining fire arm injuries. Budh Singh had also sustained injuries. While alleging that his father was Sarpanch of the village and due to election rivalry, Bikramjit Singh, Nishan Singh, Ranjit Singh, Desa Singh and Balram Singh had hatched a conspiracy and in pursuance of which, his father had been murdered. The complainant prayed for taking action in the matter. 3. After registration of the FIR, investigation proceedings were initiated. During the course of investigation, accused Desa Singh was arrested on 17.11.2024. Offence under Sections 61(2) and 351(2)(3) were added. The complainant got recorded his supplementary statement on 19.11.2024, on the basis of which, Dilbagh Singh @ Sahib Singh and Satnam Singh were nominated as additional accused. Dilbagh Singh was also arrested subsequently. As per the further allegations, the petitioner, who was in custody in another case bearing FIR No.4 dated 14.01.2024, registered at Police Station Jhabhal, suffered a disclosure statement admitting his involvement in the present case. He was joined into investigation in this case and was arrested. He was interrogated and suffered disclosure statement regarding providing of motorbike to the shooters at the time of committing murder of the victim. The same motorbike was involved in the crime committed in FIR No.4. Investigation now stands completed. 4. It is argued by learned counsel for the petitioner that he has HARJEET KAUR 2026.01.20 10:54 I attest to the accuracy and integrity of this document CRM-M-49852-2025 (O&M) -3- been falsely implicated in this case on the basis of disclosure statement allegedly suffered by the petitioner in another case, which cannot be considered to be admissible in evidence. He is alleged to have provided motorbike to the shooters, who had fired shots with the fire arm upon the victim. He is in custody in FIR No.4 dated 14.01.2024 since 03.11.2024 and therefore, there was no question of his providing motorbike to the shooters. Such motorbike was not owned by him. Neither any recovery has been effected at his instance. Co-accused Satnam Singh, Desa Singh, Bikramjit Singh and Nishan Singh have been extended benefit of bail. On parity, he too deserves to be extended the same benefit. His involvement in other cases cannot be considered to be a reason for denying benefit of bail to him. The trial will take considerable time to conclude as only 01 out of 28 witnesses has been examined so far. It is, therefore, urged that the petitioner deserves to be extended the benefit of bail. 5. Status report has already been filed. In compliance with the order dated 10.11.2025, the Superintendent of Police, Tarn Taran appeared in person, tendered an unconditional apology and submitted an assurance that he shall remain cautious in future. Custody certificate has been filed by learned State counsel in Court today. It is argued by her that keeping in view the gravity of the allegations as levelled against the petitioner, he does not deserve to be extended the benefit of bail. 6. This Court has heard the rival submissions made by learned HARJEET KAUR 2026.01.20 10:54 I attest to the accuracy and integrity of this document CRM-M-49852-2025 (O&M) -4- counsel for the petitioner. 7. The petitioner, who was in custody in some other case, is alleged to have facilitated providing of a motorbike to the co-accused, who had used the same for committing murder of the victim as on 17.11.2024. The petitioner is in custody since 28.11.2024. Trial would obviously likely to take considerable time to conclude since only 01 out of 28 witnesses has been examined so far. As such, his continued detention would not serve any useful purpose. It is well settled proposition of law that prolonged incarceration generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such cases, when 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 case, apparently and evidently is shown to have been delayed, as such, this Court is of the considered opinion that no fruitful purpose would be served by keeping the petitioner in custody any more. In view of the above discussion, this Court is of the considered opinion that a case is made out for grant of bail to the petitioner. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing personal as well as surety bonds to the extent of two sureties in the like amount each, to the satisfaction of the learned trial Court, and subject to the condition that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case. He shall appear before the learned HARJEET KAUR 2026.01.20 10:54 I attest to the accuracy and integrity of this document CRM-M-49852-2025 (O&M) -5- trial Court on each and every date of hearing except when his presence has been exempted by the trial Court. He shall surrender his passport, if any, furnish details of his cell phone and Aadhaar card, and shall not change his mobile number(s) during the pendency of the trial. 8. It is 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. 9. Since the main petition has been allowed, pending application, if any, is rendered infructuous. (MANISHA BATRA) 19.01.2026 JUDGE harjeet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HARJEET KAUR 2026.01.20 10:54 I attest to the accuracy and integrity of this document