CRM-M No.33960 of 2026 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 332 CRM-M No.33960 of 2026 Date of decision: 07.07.2026 Onkar Singh ... Petitioner Vs. State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. R.K. Arya, Advocate, for the petitioner. Mr. Roshandeep Singh, AAG, Punjab, for the respondent-State. ---- MANISHA BATRA, J. (Oral) 1. 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. 65 dated 24.06.2025 registered under Section 61 of Punjab Excise Act, 1914, Sections 123 and 62 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) at Police Station Bhindi Saidan, District Amritsar Rural. 2. As per the allegations, on 24.06.2025, on receipt of a secret information to the effect that the petitioner along with co-accused Dilbagh Singh, Manpreet Singh, and Bau Singh was engaged in the business of sale of illicit liquor and could be apprehended with a huge quantity of the same, if a raid was conducted, a raiding party was formed, MANJU 2026.07.07 16:16 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.33960 of 2026 -2- which reached at the informed place. Four persons who were present there, managed to flee. 10,000 litres of laahan and 100 bottles of illicit liquor were recovered, which were taken into possession. The petitioner was arrested on 28.03.2026. Investigation now stands completed. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. A false recovery has already been planted upon him. He is not required for further investigation. Trial will take considerable time to conclude. No useful purpose would be served by detaining him in custody any more. It is, therefore, argued that the petition deserves to be allowed. 4. Per contra, learned State counsel has argued that the petitioner is a habitual offender, being involved in one more case of similar nature. There are chances of his committing similar offences again, if extended the benefit of bail. It is, therefore, argued that the petition does not deserve to be allowed. 5. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. 6. The petitioner is alleged to have been found to be in conscious possession of huge quantity of illicit liquor. The allegations make out a prima facie case for commission of the subject offences against him. However, he has remained in custody for a period of over 03 months. The investigation has been concluded. There are no chances of MANJU 2026.07.07 16:16 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.33960 of 2026 -3- conclusion of the trial in the near future, as even charges have not been framed. The involvement of the petitioner in one more case cannot be considered to be a reason for denying the benefit of bail to him. It is well settled proposition of law that pre-trial incarceration should not be a replica of post-conviction sentence and that bail is the rule and jail is an exception. The object of jail is to secure the appearance of the accused during the trial and it can neither be punitive nor preventive and the deprivation of liberty has been considered as a punishment. In view of the discussion made above, this Court is of the considered opinion that no useful purpose would be served by keeping the petitioner in custody any more and he has made out a case for his release on bail. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal/surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/ Duty Magistrate concerned. 7. It is clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. (MANISHA BATRA) 07.07.2026 JUDGE manju Whether speaking/reasoned Yes/No Whether reportable Yes/No MANJU 2026.07.07 16:16 I attest to the accuracy and authenticity of this order /judgment Chandigarh