CRM-M-38750-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 245 CRM-M-38750-2026 Date of Decision:22.07.2026 SABI@SABY ....PETITIONER VERSUS STATE OF PUNJAB .....RESPONDENT CORAM: HON’BLE MR. JUSTICE H.S.GREWAL. Present: Mr. Anosh Samson, Advocate for the petitioner. H.S. GREWAL, J. (ORAL) 1. This petition has been filed under Section 483 of BNSS of 2023 (erstwhile Section 439 of Cr.PC) for the grant of regular bail to the petitioner in case FIR No. 103 dated 14.09.2024 under Sections 115(2), 126(2), 3(5) and Section 103 of BNS Act, 2023 was added later on (corresponding to Sections 323, 341, 34, 302 of IPC) registered at Police Station Dera Baba Nanak, Batala. 2. The case of the prosecution is that on 07.09.2024, the complainant was going to village Pakhoke Tahli Sahib to meet his son, Rajan Masih, who had not returned home. When he reached near the turning of Corridor Road, village Pakhoke, the petitioner along with co-accused Rohit intercepted him. The petitioner raised a lalkara, alleging that Rajan had implicated them in a theft case and exhorted to teach him a lesson. Thereafter, both the accused caught hold of the complainant, threw him to the ground, and assaulted him and given kick blows in his back. The RENU RAWAT 2026.07.24 09.27 I attest to the accuracy and integrity of this document Chandigarh CRM-M-38750-2026 2 complainant was initially taken home and later admitted to Civil Hospital, Dera Baba Nanak, and subsequently referred to Gurdaspur and Amritsar for treatment. After being discharge, he reported the matter to the police along with his medico-legal report. During the course of investigation, the complainant died on 24.10.2024. The alleged motive is that Rajan Masih had named the accused in a theft case. 3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case on account of previous enmity. He further submits that the alleged incident took place on 07.09.2024, whereas the complainant subsequently died on 24.10.2024 due to multiple organ failure. It is further submitted that the co-accused, namely Rohit, has already been granted the concession of regular bail by this Court and it is not proved the injuries given by the co-accused had led to the death of the deceased. It is further submitted that the petitioner has been in custody since 01.01.2025 and is not involved in any other case, therefore, prays that he be extended the concession of regular bail. 4. Notice of motion. 5. Mr. Sandeep Kumar, DAG, Punjab accepts notice on behalf of the respondent-State and vehemently opposes the prayer for grant of regular bail. Learned State counsel has not disputed the fact that the petitioner is in custody since 01.01.2025 and not involved in any other case. He further submits that out of 26 cited prosecution witnesses none has been examined and 04 have been given up. RENU RAWAT 2026.07.24 09.27 I attest to the accuracy and integrity of this document Chandigarh CRM-M-38750-2026 3 6. I have heard the submissions made by the parties and gone through the record. 7. After hearing the rival contentions and considering the fact that in the case in hand, the petitioner is in custody since 01.01.2025; is not involved in any other case and out of 26 cited prosecution witnesses none has been examined and 04 have been given up coupled with the fact that the trial is likely to take considerable time, this Court is of the view that no useful purpose would be served by further incarceration of the petitioner. Accordingly, the petitioner is granted the concession of regular bail during the pendency of the trial. 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. (H.S.GREWAL) 22.07.2026 JUDGE renu Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RENU RAWAT 2026.07.24 09.27 I attest to the accuracy and integrity of this document Chandigarh