CRM-M-38733-2026 1 306 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38733-2026 Date of Decision: 23.07.2026 JASKARAN SINGH ...Petitioner Vs. STATE OF PUNJAB ...Respondent CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. J.S. Sarao, Advocate for the petitioner (Through VC). Mr. Nitesh Sharma, DAG, Punjab. Mr. Yogesh Bains, Advocate for the complainant. VIRINDER AGGARWAL , J. (Oral) 1. The present petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS") (corresponding to Section 439 of the Code of Criminal Procedure, 1973), has been filed by the petitioner seeking grant of regular bail in FIR No. 6 dated 08.01.2025, registered under Sections 105, 115(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 304, 323 and 120-B of the Indian Penal Code, 1860), at Police Station Sadar Patiala, during the pendency of trial. 2. The prosecution case, in brief, is that complainant, Gursewak Singh, son of deceased Harmesh Singh, his father was habitual of consuming liquor and, on 27.12.2024 at about 5:00 PM, he had left the house but did not return. The family members searched for him but could not trace him during the night. It is further alleged that on the same night, Jaskaran Singh and Lovepreet Singh were seen coming towards their house on a motorcycle, which created suspicion. On the following morning, the complainant received KUMUD VERMA 2026.07.24 11:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-38733-2026 2 information that his father was lying dead in the fields of Malkit Singh. On reaching the spot, the deceased was found lying dead and his clothes and purse were found lying at some distance from the dead body. According to the prosecution, after conducting their own inquiry, the complainant came to know that the petitioner Bittu Singh along with co-accused Gurtej Singh, Binder @ Kali Billi, Lovepreet Singh and Jaskaran Singh had taken the deceased with them on 27.12.2024, made him consume excessive liquor and thereafter pushed him into the fields, leaving him there in an intoxicated condition, due to which he died during the night. It is further alleged that there was previous enmity between the parties on account of an earlier dispute. On the basis of the statement of the complainant and material collected during investigation, the present FIR was registered against the petitioner and other accused persons. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and there is no specific allegation or overt act attributed to him. It is contended that immediately after the alleged occurrence, the wife of the deceased and other witnesses had stated that they did not want to proceed against any person and no one was responsible for the incident, but subsequently, after a delay of 11 days, the present FIR came to be registered on the basis of improved and deliberated allegations. 3.1 It is further argued that the petitioner was arrested on 08.01.2025 and has been in custody since then. The investigation stands concluded and the petitioner is no longer required for custodial interrogation. Learned counsel submits that the alleged allegation against the accused persons is only that they gave liquor to the deceased and pushed him; however, the post-mortem KUMUD VERMA 2026.07.24 11:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-38733-2026 3 report and FSL report do not support the prosecution version, as no poison was detected in the viscera. It is further submitted that co-accused Binder Singh has already been granted the concession of regular bail by this Hon’ble Court vide order dated 10.07.2026. Learned counsel further submits that the trial is likely to take considerable time and continued incarceration of the petitioner would serve no useful purpose. 4. Notice of motion. 5. Mr. Nitesh Sharma, DAG, Punjab, has put in appearance on behalf of the respondent-State and has filed the custody certificate dated 21.07.2026, which is taken on record, subject to all just exceptions. As per the custody certificate, the petitioner has already undergone a total custody period of 01 year 06 months and 12 days. 6. Learned State counsel assisted by counsel for the complainant opposes the prayer for grant of regular bail and submits that the allegations against the petitioner are serious in nature as the case pertains to the death of the deceased. It is contended that the petitioner, along with other co-accused persons, is alleged to have taken the deceased with them, made him consume liquor and thereafter left him in the fields, resulting in his death. Learned State counsel submits that the petitioner is named in the FIR and is involved in a serious offence. 7. Be that as it may, considering the custody period already undergone by the petitioner and the fact that the investigation stands completed and the challan has already been presented before the learned Trial Court, the petitioner is no longer required for any further custodial interrogation. It is further noticed that the allegations against the petitioner are KUMUD VERMA 2026.07.24 11:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-38733-2026 4 based on the statements of the complainant and other witnesses, wherein it is alleged that the petitioner along with co-accused persons had taken the deceased with them and thereafter left him in the fields in an intoxicated condition. No specific overt act or individual role, such as causing any injury or pushing the deceased, is specifically attributed to the petitioner in the complainant's statement. The veracity of the allegations, the role attributed to the petitioner and the evidence collected by the prosecution are matters to be adjudicated during the course of trial. It is further noticed that the trial is yet to reach its conclusion and is likely to take considerable time. In these circumstances, keeping the petitioner incarcerated for an indefinite period would not serve any useful purpose. 8. Reliance is placed upon the judgment of the Hon’ble Apex Court in Dataram Singh v. State of Uttar Pradesh & Another, 2018 (2) R.C.R. (Criminal) 131, wherein it has been held that grant of bail is the rule and refusal thereof is an exception, and that a person is presumed to be innocent until proven guilty. It is further submitted that the right to speedy trial forms an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India, and the same has been consistently recognised by the Hon’ble Supreme Court, including in Balwinder Singh v. State of Punjab & Another (SLO (Crl.) No. 8523/2024). In these circumstances, continued incarceration of the petitioner would serve no useful purpose, particularly when the trial can be effectively safeguarded by imposing appropriate conditions. 9. Accordingly, the present petition is allowed, and the petitioner is ordered to be admitted on regular bail, subject to furnishing requisite bail and KUMUD VERMA 2026.07.24 11:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-38733-2026 5 surety bonds to the satisfaction of the learned Chief Judicial Magistrate concerned/Illaqa Magistrate/Duty Magistrate, as the case may be, and further subject to the following conditions:- 1. The petitioner shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts and circumstances of the case so as to dissuade such person from disclosing such facts before the Court or to the investigating agency. 2. The petitioner shall not tamper with the prosecution evidence in any manner whatsoever, nor shall attempt, directly or indirectly, to influence, intimidate, or contact any prosecution witness. 3. The petitioner shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event he is in possession of a passport, he shall furnish its particulars before the Investigating Officer as well as the learned Trial Court. 4. The learned Illaqa Magistrate/Duty Magistrate, before accepting the bail and surety bonds, shall obtain from the petitioner his permanent residential address as well as present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours from the acceptance of the bail bonds and shall place a verification report on the record. In the event either of the addresses is found to be false, fictitious, or incorrect, it shall be open to the prosecution to seek cancellation of the concession of bail in accordance with law. 5. The petitioner shall furnish before the learned Trial Court, either at the time of furnishing the bail bonds or within such period as may be specified by the Court, Permanent Account Number (PAN), Aadhaar Number, particulars of all operative bank accounts, and a declaration disclosing details of immovable properties, if any. Any concealment of material particulars or furnishing of false information shall constitute a valid ground for seeking cancellation of bail in accordance with law. KUMUD VERMA 2026.07.24 11:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-38733-2026 6 6. The petitioner shall intimate the Investigating Officer as well as the learned Trial Court, in writing, of any change in residential address or mobile number within seven days from the date of such change. 7. The petitioner shall not commit any offence of a similar nature during the pendency of the trial and shall remain present before the learned Trial Court on each and every date fixed, unless his personal appearance is exempted in accordance with law. He shall not absent himself from the proceedings without obtaining prior permission of the learned Trial Court. In the event of any violation of the aforesaid conditions or his unauthorized absence from the trial proceedings, it shall be open to the learned Trial Court to proceed in accordance with law, including cancellation of the concession of regular bail and issuance of appropriate coercive process, including warrants of arrest. (VIRINDER AGGARWAL) JUDGE 23.07.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2026.07.24 11:40 I attest to the accuracy and integrity of this document Chandigarh