CRM-M-14669-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 215 CRM-M-14669-2026 Date of Decision: 09.07.2026 CHARAN @ CHAND ... PETITIONER VERSUS STATE OF HARYANA ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Rahul Jaswal, Advocate for the petitioner. Mr. Vijay Kumar, AAG, Haryana. H.S. Grewal, J.(Oral) 1. This petition has been filed under section 483 of BNSS,2023 (Earlier Section 439 CrPC) for grant of regular bail in case/FIR no. 252 dated 25.07.2023 U/s 302, 34 IPC 1860 (Corresponding to new section-103/3(5) of BNS,2023) and Section 25 Arms Act registered at Police Station Saral Khawaja, District Faridabad (Haryana) (Annexure P-1). 2. The case of the prosecution is that the present FIR was registered on the complaint of Khairati Lal, who alleged that his son, Ravi Khatana (since deceased), an ex-serviceman engaged in the business of property dealing, had left for his office on 24.07.2023 at about 10:00 A.M. Ravi was carrying on the said business in partnership with Amrish and Ajju. At about 4:00 P.M. on the same day, Ravi informed his wife telephonically that he would return home late. Thereafter, at about 10:00 P.M., when the complainant attempted to contact him, his mobile phone was found switched off. On the following morning, at about 4:00 A.M., the complainant received a telephone call asking him to reach the liquor vend situated at Badarpur Border. Upon reaching the RENU RAWAT 2026.07.10 14.39 I attest to the accuracy and integrity of this document Chandigarh CRM-M-14669-2026 -2- spot along with his son Annu, he found the police to be already present there. The police took them to B.K. Hospital where the complainant and his son Annu identified the dead body of Ravi Khatana, who had allegedly been murdered by a gunshot injury. It is further submitted in the case of the prosecution that during the investigation, a CCTV footage was obtained, which purportedly showed two persons riding a scooty engaged in an altercation with the deceased, whereafter one of them allegedly fired a gunshot at Ravi Khatana, resulting in his death. On the basis of the complaint, the present FIR was registered and investigation commenced. During the course of investigation, co-accused Jagdish @ Jaggi and Charan @ Chand were arrested on 25.07.2023. Pursuant to their respective disclosure statements, both the accused got the place of occurrence demarcated. Co-accused Jagdish @ Jaggi also got recovered the clothes allegedly worn by him at the time of the commission of the offence, while co-accused Charan @ Chand got recovered a country made pistol and empty cartridge form his house. 3. Learned counsel for the petitioner submits that the name of petitioner has not been mentioned in the FIR nor any role has been attributed to the petitioner. He further submits that the complainant has not supported the case of the prosecution by identifying the petitioner as being one of the assailants. The petitioner is in custody since 25.07.2023 and the trial is likely to take considerable time. Therefore, continued incarceration of the petitioner would serve no useful purpose and he deserves the concession of regular bail. 4. Ld. State counsel has vehemently opposed the prayer made by learned counsel for the petitioner on the ground that the allegations against the RENU RAWAT 2026.07.10 14.39 I attest to the accuracy and integrity of this document Chandigarh CRM-M-14669-2026 -3- petitioner are serious in nature. Learned State counsel has filed the custody certificate in Court, which is taken on record. He further submits that as per the custody certificate, the petitioner is in custody for the last 02 years, 11 months and 14 days and is not involved in any other case. Reply by way of an affidavit of Sandeep Mor, HPS, Assistant Commissioner of Police, Sarai, Faridabad has been filed in the Court today and the same is taken on record. He further submits that out of 25 cited prosecution witnesses only 08 have been examined so far. 5. I have heard the learned counsel for the parties and perused the record. 6. After hearing the rival contentions of the learned counsel for the parties and keeping in view the facts and circumstances of the case that the petitioner last 02 years, 11 months and 14 days and is not involved in any other case; out of 25 cited prosecution witnesses only 08 have been examined so far coupled with the fact that the trial is likely to take considerable time and continuous detention of the petitioner would not serve the ends of justice, this Court deems it fit to grant the concession of regular bail to the petitioner during the pendency of the trial. 7. Reference can be made to the judgment of the Hon’ble Supreme Court in the case of Pardeep Kumar @ Banu versus State of Punjab, bearing Criminal Appeal No.1341/2026 (arising out of SLP(Cri.) No.18775/2025, decided on 13.03.2026, wherein it has been categorically held that where the accused has remained in custody for a considerable period and the trial has not even commenced, or is not likely to conclude in the near future, therefore, RENU RAWAT 2026.07.10 14.39 I attest to the accuracy and integrity of this document Chandigarh CRM-M-14669-2026 -4- continued incarceration would amount to punishment without trial. In such circumstances, further detention pending trial is not necessary and the accused is entitled to be released on bail. 8. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. 9. Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case. 10. It is clarified that if, while on bail so granted through the instant order, the petitioner is found indulged in any other criminal case/activity, it shall be open to the State to seek cancellation of his bail. 09.07.2026 (H.S.GREWAL) renu JUDGE Whether speaking/reasoned : Yes/No Whether reportable: Yes/No RENU RAWAT 2026.07.10 14.39 I attest to the accuracy and integrity of this document Chandigarh