CRM-M No.39079 of 2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 246 ***** CRM-M No.39079 of 2026 Date of decision : 23.7.2026 Date of uploading : 24.7.2026 Amritpal Singh and another ………….Petitioners Versus State of Punjab …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Arnav Sood, Advocate and Mr. Manpreet Singh, Advocate, for the petitioners Mr. Hemant Aggarwal, DAG, Punjab --- SUMEET GOEL, J. (ORAL) 1. Present second petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioners in case FIR No.159 dated 8.10.2025 under Sections 336, 324(4), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 25 of Arms Act, 1959 (Sections 125, 249, 253, 61(2), 191(3), 190, 308 and 238 of BNS and Sections 27/54/59 of Arms Act added later on), registered at Police Station Garhshankar, District Hoshiarpur. 2. For the cause of convenience, the details of the prosecution case are drawn from the order dated 5.1.2026, wherein the bail petition preferred before the Sessions Court, was rejected, which reads thus: ‘Briefly stated, the present case was registered on the statement of complainant Dara Ram son of Devi Chand resident of village Bora P.S ASHWANI KUMAR 2026.07.24 11:03 I attest to the accuracy and integrity of this document CRM-M No.39079 of 2026 -2- Garhshankar District Hoshiarpur, wherein he stated that he is running a Medical store at village Bora. On 8.10.2025 at about 8:30 PM, three persons came on motorcycle from the side of Shri Anandpur Sahib road. They had stopped their motorcycle in front of their shop. Then, the person, sitting on rear seat of said motorcycle, who was having muffled face, came down from the said motorcycle and fired two shots with his weapon, which hit on the front glass of the shop, due to which, the said glass was broken. Thereafter, the above said persons fled away from the spot on their motorcycle towards Garhshankar side. The applicants-accused were arrested in this case on 25.10.2025, Hence, this application for regular bail.’ 3. Learned counsel for the petitioners has urged that the petitioners have not been attributed any active role qua the FIR in question. Learned counsel has further submitted that the prime prosecution witness namely PW Dara Ram has turned hostile and thus, the trial is not likely to conclude into conviction. Learned counsel has further urged that the petitioners are men with clean antecedents. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioners do not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificates dated 22.7.2026 in Court, which are taken on record. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioners were arrested on 29.10.2025 wherein after investigation was carried out; challan was presented on 23.12.2025. Charges were framed in this case on 2.4.2026. Total 13 prosecution ASHWANI KUMAR 2026.07.24 11:03 I attest to the accuracy and integrity of this document CRM-M No.39079 of 2026 -3- witnesses have been cited, out of which only 2 have been examined till date. It is also not in dispute that PW Dara Ram has turned hostile. The rival contentions raised at Bar give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioners absconding from the process of justice or interfering with the prosecution evidence. 6.1 As per the custody certificates dated 22.7.2026, the petitioners have suffered incarceration for a period of 8 months and 23 days each & is not shown to be involved in any other case. 6.2 Indubitably, the present petition is the 2nd attempt by the petitioner to secure regular bail. The last bail plea preferred by the petitioner was dismissed as withdrawn on 20.3.2026. Keeping in view the extended incarceration of the petitioner and pace of trial, this Court is inclined to favourably consider the instant plea for bail. A profitable reference, in this regard, can be made to a judgment of this Court passed in CRA-S-2332-2023 titled as Rafiq Khan versus State of Haryana and another; relevant whereof reads as under: “10. As an epilogue to the above discussion, the following principles emerge: I. Second/successive regular bail petition(s) filed is maintainable in law & hence such petition ought not to be rejected solely on the ground of maintainability thereof. II. Such second/successive regular bail petition(s) is maintainable whether earlier petition was dismissed as withdrawn/dismissed as not pressed/dismissed for non- prosecution or earlier petition was dismissed on merits. III. For the second/successive regular bail petition(s) to ASHWANI KUMAR 2026.07.24 11:03 I attest to the accuracy and integrity of this document CRM-M No.39079 of 2026 -4- succeed, the petitioner/applicant shall be essentially/pertinently required to show substantial change in circumstances and showing of a mere superficial or ostensible change would not suffice. The metaphoric expression of seeking second/successive bail plea(s) ought not be abstracted into literal iterations of petition(s) without substantial, effective and consequential change in circumstances. IV. No exhaustive guidelines can possibly be laid down as to what would constitute substantial change in circumstances as every case has its own unique facts/circumstance. Making such an attempt is nothing but an utopian endeavour. Ergo, this issue is best left to the judicial wisdom and discretion of the Court dealing with such second/successive regular bail petition(s). V. In case a Court chooses to grant second/successive regular bail petition(s), cogent and lucid reasons are pertinently required to be recorded for granting such plea despite such a plea being second/successive petition(s). In other words, the cause for a Court having successfully countenanced/entertained such second/successive petition(s) ought to be readily and clearly decipherable from the said order passed.” Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed. Petitioners are ordered to be released on regular bail on their furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioners shall remain bound by the following conditions:- (i) The petitioners shall not mis-use the liberty granted. (ii) The petitioners shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioners shall not absent themselves on any date before the trial. (iv) The petitioners shall not commit any offence while on bail. (v) The petitioners shall deposit their passport, if any, with the trial Court. (vi) The petitioners shall give their cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change their cell-phone number without prior permission of ASHWANI KUMAR 2026.07.24 11:03 I attest to the accuracy and integrity of this document CRM-M No.39079 of 2026 -5- the trial Court/Illaqa Magistrate. (vii) The petitioners shall not in any manner try to delay the trial. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. (SUMEET GOEL) JUDGE 23.7.2026 Ashwanii Whether speaking/reasoned: Yes/No Whether reportable: Yes/No ASHWANI KUMAR 2026.07.24 11:03 I attest to the accuracy and integrity of this document