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CRM-M No.3508 of 2026 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 210 CRM-M No.3508 of 2026
Date of decision: 17.07.2026 Amrit Singh ... Petitioner Vs. State of Punjab
... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Bhupinder Ghai, Advocate, for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab, for the respondent-State. ---- 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 regular bail in the FIR mentioned below:- FIR No. Dated Police Station Sections 52 17.03.2023 Sadar
Mansa, District Mansa 302, 307, 120-B and 34 of IPC and 25 and 27 of Arms Act, 1959 (For short
“Act, 1959”) (326, 148 and 149 of IPC added later on) (34 of IPC and 27 of Act, 1959 were deleted later on) MANJU 2026.07.17 12:24 I attest to the accuracy and authenticity of this order /judgment Chandigarh
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2. As per the allegations, on the evening of 16.03.2023, the complainant Jaspreet Singh had gone towards the house of his uncle Rupinder Singh to bring his children back and when he was coming out of the house, suddenly two persons riding on a motorbike reached there and fired a shot with some firearm from behind. The bullet struck back side of head of his son whereas the pallets hit the face of his daughter Navseerat Kaur. His son succumbed to the injuries at the spot itself. He identified the bike riders as the petitioner and Channi. By alleging that Sewak Singh, brother of the petitioner was having inimical relations with him and further that Sewak Singh used to keep an evil eye on his cousin daughter, he prayed for taking action against the culprits. 3. After registration of FIR, investigation proceedings were initiated. The postmortem examination of dead body of the victim was conducted. A CCTV footage showing the petitioner and co-accused Channi while passing through the place of occurrence at the relevant time was also procured. The petitioner along with co-accused Sewak Singh and Channi Singh was arrested on 18.03.2023. The petitioner suffered disclosure statement admitting his involvement in the murder of the victim and got recovered one countrymade pistol and empty cartridge from the barrel of the pistol. Subsequently, some other persons were nominated as accused. Investigation now stands completed.
MANJU 2026.07.17 12:24 I attest to the accuracy and authenticity of this order /judgment Chandigarh
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4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody since 18.03.2023. The chances of conclusion of trial in near future are bleak as only 04 out of 51 prosecution witnesses have been examined so far. There has been no independent eye-witness to the occurrence. The material witnesses already stand examined and there are no chances of petitioner's intimidating them. He is not a flight risk. His further incarceration would not serve any useful purpose. Six out of eight persons nominated as accused have been extended benefit of bail. Delay in conclusion of trial cannot be attributed to him. The co-accused Sewak Singh has been extended benefit of bail. On parity, the petitioner too deserves to be extended the same benefit. It is, therefore, argued that the petition deserves to be allowed. 5. Per contra, learned State counsel while relying upon the status report has vehemently argued that the allegations against the petitioner are serious in nature. Infact, he was the sole and actual assailant of the victim minor son of the complainant and the daughter of the complainant had also sustained injuries on account of use of firearm by the petitioner. The eye-witnesses stand examined and have supported the prosecution version. Only on account of the period of his incarceration, the petitioner cannot be extended benefit of bail. It is, thus, argued that the petition does not deserve to be allowed. MANJU 2026.07.17 12:24 I attest to the accuracy and authenticity of this order /judgment Chandigarh
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6. This Court has considered the rival submissions. 7.
The petitioner by forming membership of an unlawful assembly with the co-accused is alleged to have fired fatal shot causing death of son of the complainant and injuries to his daughter. The injured as well as eye-witnesses have fully supported the prosecution version. Undoubtedly, the petitioner has been in custody for a period of more than 3 years and 3 months. He is seeking parity on the ground that the co- accused Sewak Singh who was accompanying the petitioner at the time of occurrence has been extended benefit of bail by Hon'ble Supreme Court. It is well settled proposition of law that accused cannot be kept in custody for an indefinite period during a lagging trial as the same amounts to punitive detention before conviction. In the instant case, only 04 out of 51 prosecution witnesses have been examined during the period of three years. As such, there are no chances of conclusion of trial in near future. There is nothing on record to suggest that the delay in conclusion of trial is attributable to the present petitioner in any manner whatsoever. There are no chances of petitioner's intimidating the material witnesses since they already stand examined. Taking into consideration the above discussed facts as peculiar to this case, this Court is of the considered opinion that the petitioner deserves to be release on bail at this stage. Accordingly, the petition is allowed and the petitioner is ordered to be admitted to bail subject to his furnishing personal as well as surety bonds MANJU 2026.07.17 12:24 I attest to the accuracy and authenticity of this order /judgment Chandigarh
CRM-M No.3508 of 2026 -5- to the satisfaction of learned trial Court/CJM/Duty Magistrate concerned. 8. It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.
(MANISHA BATRA) 17.07.2026
JUDGE manju Whether speaking/reasoned Yes/No Whether reportable Yes/No MANJU 2026.07.17 12:24 I attest to the accuracy and authenticity of this order /judgment Chandigarh