CRM-M-70348- IN THE H (131) RESHAM SINGH STATE OFPUNJ CORAM: HON Present: Mr.Sa Mr. M Ms. S MANISHA BATR CRM-10183-2026 1. Praye placing on record 2. The documents annexe Annexure P-20 (C 3. Appli CRM-M-70348- 1. The Section 483 of Bh -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH INGH Versus PUNJAB HON'BLE MRS. JUSTICE MANIS Sangram Singh Saron, Advocate a Mr. Madhavrao B. Rajwade, Advocat Ms. Sakshi Bakshi, AAG, Punjab **** BATRA, J. (ORAL) 2026 Prayer in this application is made ecord copies of order passed by the Tr The application is allowed subject annexed with the application are orde 20 (Colly.) Application disposed of. -2025 The instant petition has been prefe of Bharatiya Nagarik Suraksha Sanh JAB AND HARYANA AT ARH CRM-M-70348-2025 (O&M) Date of decision : 18.03.2026 ... Petitioner ...Respondent ANISHA BATRA ocate and dvocate for the petitioner made for granting permission for the Trial Court. ubject to just exceptions and the e ordered to be placed on record as preferred by the petitioner under Sanhita, 2023 (for short “BNSS”) M) 2026 oner dent for the rd as nder SS”) AMIT SHARMA 2026.03.19 18:19 I attest to the accuracy and integrity of this order/judgment. CRM-M-70348- for grant of regul registered under S were added later o Station Jhabal, Dis 2. The a got recorded by t 27.10.2023, he, when they were on was accompanied Kundan Singh, Gu and his brother, th lesson for attempti Singh and Balwa complainant). Ou and stood at some Singh took out kn inflicting blows o wounds and his br them on the perso some persons of th away. The victim Initially a case un was registered. T Offence under Sec -2025 (O&M) 2 regular bail in case arising out of F nder Sections 324, 506, 148, 149 of IP later on and Sections 148 and 149 of al, District Tarn Taran. The aforementioned FIR was registe d by the complainant-Manbir Singh alongwith his brother Gurpreet S ere on the way, they were intercepted anied by his father Gajjan Singh and gh, Gurpreet Singh and Balwant Sing her, the accused Harman Singh made ttempting to demolish a common wall. Balwant Singh caught hold of Gu t). Out of fear to save his life, the co some distance. Within his sight, the p out knives from their pockets and st ows on his waist and abdomen. Blo his brother had fallen on the ground. person of victim. On clamour bein s of the locality had reached at the sp victim Gurpreet Singh was rushed under Sections 148, 324 and 506 ed. The victim succumbed to the inj er Section 302 of IPC was added subs ut of FIR No.154 dated 28.10.2023 of IPC (Sections 302 and 34 of IPC 49 of IPC deleted later on) at Police registered on the basis of statement Singh alleging that on the night of reet Singh was returning home and cepted by the present petitioner who h and the co-accused Harman Singh, t Singh. On seeing the complainant made an exhortation to teach them a n wall. Thereafter, accused Gurpreet of Gurpreet Singh (brother of the the complainant fled from the spot t, the petitioner and his father Gajjan and started stabbing his brother by n. Blood started oozing out of the und. Multiple blows were struck by ur being raised by the complainant, the spot and then the assailants fled shed to the Hospital for treatment. d 506 read with Section 149 of IPC injuries and died on 29.10.2023. d subsequently. 2023 IPC olice ment ht of and who ingh, inant em a preet the spot ajjan r by f the k by nant, fled ent. IPC 023. AMIT SHARMA 2026.03.19 18:19 I attest to the accuracy and integrity of this order/judgment. CRM-M-70348- 3. As p 05.11.2023. He su had caught hold o other person was p accused. During t the complainant w challaned. Offenc under Section 34 o accused Gajjan Sin the trial on partly and he is stated to 4. It is a falsely implicated of one witness M despite the fact th months. There ar many as 21 pros petitioner is a pers by his further d fundamental right therefore, stressed his arguments, lea cases cited as Ram Mohd. Haroon @ -2025 (O&M) 3 As per further allegations, the He suffered disclosure statement to t hold of the victim and he himself h was present with them. On his discl uring the course of further investigatio inant were found to be innocent an Offences under Sections 148 and 149 n 34 of IPC was added. The accused jjan Singh was summoned as additiona partly allowing of an application filed ed to have died by now. It is argued by learned counsel for t icated in this case. He is in custody ess Manbir Singh and that too partly fact that he has been in custody for ere are no chances of conclusion of t 1 prosecution witnesses are to be e a person of clean antecedents. No u ther detention. His continued cu l right guaranteed under Article 21 of t tressed that the petition does not dese ts, learned counsel for the petitioner Ram Kishor v. State of UP (SC) : n @ Haroon @ Harun @ Mulla v. S the petitioner was arrested on nt to the fact that his assistant Goru self had stabbed the victim and no closure, Goru was nominated as tigation, the other persons named by ent and had not been arrested and d 149 of IPC were deleted. Offence ccused Goru was also arrested. The ditional accused during the course of n filed under Section 319 of Cr.P.C. l for the petitioner that he has been stody since long. Only examination partly, has been conducted so far, dy for a period of 02 years and 04 n of trial in the near future since as be examined in this case. The No useful purpose would be served ed custody militates against his 21 of the Constitution of India. It is, t deserve to be allowed. To fortify itioner has placed reliance upon the C) : Law Finder Doc Id 2686128; a v. State of Haryana, Law Finder on Goru d no ed as d by and ence The se of .P.C. been ation far, d 04 ce as The rved his It is, rtify n the 28; der AMIT SHARMA 2026.03.19 18:19 I attest to the accuracy and integrity of this order/judgment. CRM-M-70348- Doc Id # 2647427 533. 5. Status the allegations aga sustained by the stressed that the pe 6. This C for the parties at co 7. The p victim. The alle However, he has b now. There has n partly has been ex this case. As suc obviously bleak. I was accused of co in custody for a p extended benefit o likely to take reas (supra), Hon’ble S had been incarc incarceration milit under Article 21 -2025 (O&M) 4 7427 and Rabi Prakash v. State of Status report has been filed. Learned ns against the petitioner are quite ser y the victim was sufficient to cause t the petition does not deserve to be all This Court has heard the rival submis es at considerable length. The petitioner is alleged to have ca e allegations prima facie establish e has been in custody for a period of o has not been much progress in the tr een examined so far. 23 prosecution As such, the chances of conclusion o leak. In Ram Kishor Versus State of of commission of offence punishable for a period of more than 02 years. nefit of bail to him after taking into c e reasonable time to conclude. In Ra ’ble Supreme Court had extended ben incarcerated for a long period b n militated against the most precious le 21 of the Constitution and in suc te of Odisha, 2023 LiveLaw (SC) earned State counsel has argued that ite serious in nature. The injury so cause his death. It is, therefore, be allowed. ubmissions made by learned counsel ave caused homicidal death of the blish his complicity in the crime. d of over 02 years and 04 months by the trial as only 01 witness that too ecution witnesses have been cited in usion of trial in the near future are e of UP (supra), the petitioner who shable under Section 302 of IPC was ears. The Hon’ble Apex Court had into consideration that the trial was Rabi Prakash v. State of Odisha ed benefit of bail to the accused who iod by observing that prolonged ecious fundamental right guaranteed in such a situation, the conditional C) that ry so fore, unsel f the rime. s by t too ed in e are who was t had was sha who nged teed ional AMIT SHARMA 2026.03.19 18:19 I attest to the accuracy and integrity of this order/judgment. CRM-M-70348- liberty must overr Harun @ Mulla commission of of going at a slow pa incarceration. Ta however, without is of the opinion t stage. Accordingly released on bail su satisfaction of the concerned and on (i) ind fac ma (ii) circ (iii hea (iv) pre fur info -2025 (O&M) 5 t override the statutory embargo. In ulla Vs. State of Haryana (supra) of offence of murder was in custod low pace. He was granted benefit of n. Taking into consideration the ab ithout expressing of any opinion on th inion that a case is made out for grant rdingly, the petition is allowed and t bail subject to his furnishing personal of the learned trial Court/Chief Judici nd on the following conditions :- (i) The petitioner shall not dire inducement, threat or promise to a 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. o. In Mohd. Haroon @ Haroon @ supra), the accused facing trial for custody since long. The trial was efit of bail, keeping in view his long the above discussed circumstances, on the merit of the case, this Court grant of bail to the petitioner at this and the petitioner is ordered to be rsonal as well as surety bonds to the Judicial Magistrate/Duty Magistrate t directly or indirectly make any se to any person acquainted with the 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 @ l for was long es, ourt t this to be o the trate any h the any any te of ell as e of thout AMIT SHARMA 2026.03.19 18:19 I attest to the accuracy and integrity of this order/judgment. CRM-M-70348- (v) Car lea any info sha (vi) lea 8. In th conditions, the re seeking cancellatio 9. Since any, is rendered in 18.03.2026 Amit Sharma -2025 (O&M) 6 (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. Since the main petition has been all ered infructuous. (MAN Whether speaking/reasoned:- Yes Whether reportable:- Yes/No 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 allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No PAN the case, shall and the oned ation n, if AMIT SHARMA 2026.03.19 18:19 I attest to the accuracy and integrity of this order/judgment.