CRM-M-37391-2026 (O&M) 1 243 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-37391-2026 (O&M) Date of Decision: 16.07.2026 DALJIT SINGH @ SHERA ... PETITIONER VERSUS STATE OF PUNJAB ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Prateek Pandit, Advocate for the petitioner. H.S. GREWAL, J. (ORAL) 1. The petitioner is seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (Section 439 Cr.P.C.) in FIR No. 71 dated 19.06.2021 u/s 302, 34, 120-B IPC and section 25, 27 of Arms Act, registered at Police Station Begowal, District Kapurthala. 2. The case of the prosecution is that the FIR has been registered on the basis of complaint made by Ashok Kumar to the effect that on 18.06.2021 at about 9:00 p.m., his son Mukal (since deceased) sustained gunshot injuries near the Gurudwara Sahib. While in an injured condition, he allegedly disclosed to the complainant that petitioner along with the co- accused had fired at him at the instance of one Prince. 3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He further submits that the petitioner is in custody for the last 04 years, 11 months and 29 days. He, thus, prays for grant of bail to the petitioner. JANKI BHATT 2026.07.17 16:10 I attest to the accuracy and integrity of this document High Court Chandigarh CRM-M-37391-2026 (O&M) 2 4. Notice of motion. 5. Mr. Sandeep Kumar, D.A.G., Punjab accepts notice on behalf of the State and has vehemently opposed the prayer for grant of regular bail to the petitioner on the ground of gravity of allegations. He has filed the custody certificate in the Court today and the same is taken on record. He further submits that as per the custody certificate, the petitioner is in custody for the last 04 years, 11 months and 29 days. 6. I have heard the learned counsel for the parties and perused the record. 7. 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 is in custody for the last 04 years, 11 months and 29 days; trial is pending and is likely to take time; as such, continuous detention of the petitioner would not serve the ends of justice, this Court has no option but to grant the concession of regular bail to the petitioner during the pendency of the trial. 8. 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, 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. 9. Therefore, without expressing any opinion on the merits of the JANKI BHATT 2026.07.17 16:10 I attest to the accuracy and integrity of this document High Court Chandigarh CRM-M-37391-2026 (O&M) 3 case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. 10. Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case. 11. It is clarified that while on bail so granted through the instant order, if the petitioner is found indulging in any other criminal case, it shall be open to the State to seek cancellation of his bail. 12. Pending miscellaneous application(s), if any, shall also stand disposed of. (H.S.GREWAL) 16.07.2026 JUDGE Janki Whether speaking/reasoned : Yes/No Whether reportable : Yes/No JANKI BHATT 2026.07.17 16:10 I attest to the accuracy and integrity of this document High Court Chandigarh