CRM-M-39938-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (226) CRM-M-39938-2026 (O&M) Date of Decision:27.07.2026 GURTEJ SINGH … Petitioner Versus STATE OF PUNJAB ... Respondent CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. Jagjit Singh Sarao, Advocate for the petitioner. Mr. Baljinder Singh Sra, Addl. A.G. Punjab. -.- VIRINDER AGGARWAL , J . (Oral) 1. This is the second petition instituted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973) seeking the concession 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 IPC) at Police Station Sadar, Patiala (Annexure P-1). 1.1. The present petition has been preferred on account of a subsequent change in circumstances, namely that co-accused Binder Singh @ Kaali Billi has been enlarged on regular bail by this Court vide order GAURAV SOROT 2026.07.27 16:56 I attest to the accuracy and integrity of this document CRM-M-39938-2026 dated 10.07.2026 passed in CRM-M-36048-2026 (Annexure P-9), and the petitioner claims parity with the said co-accused, asserting that his case stands on an even better footing. The earlier petition, bearing CRM-M- 45093-2025, was dismissed as withdrawn on 21.01.2026. 2. Briefly stated, the prosecution case emanates from the statement of the complainant, Gursewak Singh, son of late Harmesh Singh, who alleged that on 27.12.2024, his father, who was addicted to alcohol, left home in the evening but did not return. On the following morning, his dead body was found lying in the agricultural fields, whereupon the police were informed. Since the complainant was in a state of shock, no suspicion was initially expressed. However, thereafter, upon enquiry conducted subsequent to the cremation, the complainant alleged that accused Bittu Singh, Gurtej Singh, Binder @ Kaali Billi, Lovepreet Singh and Jaskaran Singh had taken the deceased with them on the intervening night, made him consume excessive liquor, assaulted him, and thereafter abandoned him in the fields with the intention that he would not survive. It is further alleged that the deceased suffered a fatal neck injury and ultimately succumbed to exposure during the cold night. Motive has also been attributed to an earlier dispute between the complainant's family and accused Bittu Singh, alleging that the accused persons were nurturing a grudge arising therefrom and had extended threats a few days prior to the occurrence. On the basis of the aforesaid allegations, the present FIR came to be registered. 3. Notice of motion. GAURAV SOROT 2026.07.27 16:56 I attest to the accuracy and integrity of this document CRM-M-39938-2026 4. Upon notice, Mr. Baljinder Singh Sra, learned Additional Advocate General, Punjab, accepted notice on behalf of the respondent- State. The custody certificate produced by the learned State counsel is taken on record, subject to all just exceptions. 4.1. Learned State counsel has vehemently opposed the prayer for grant of regular bail, contending that, having regard to the nature, gravity and seriousness of the allegations, coupled with the manner in which the offence is alleged to have been committed, the petitioner is not entitled to the concession of regular bail at this stage. It is, accordingly, prayed that the present petition, being devoid of merit, be dismissed. 5. I have heard learned counsel for the parties at length and have meticulously perused the paper book and the material placed on record with their able assistance. 6. It is not in dispute that co-accused Binder Singh @ Kaali Billi, whose role is stated to be similarly situated, has already been granted the concession of regular bail by this Court vide order dated 10.07.2026 passed in CRM-M-36048-2026. The petitioner, therefore, claims parity with the said co-accused, and prima facie no distinguishing circumstance has been pointed out by the learned State counsel to deny the petitioner the same relief. It is further an admitted position that the petitioner has remained in judicial custody since 08.01.2025, having undergone incarceration for more than one year and six months. The trial has not progressed substantially and is not likely to conclude in the near future. Continued incarceration of the petitioner for an indefinite period would, therefore, impinge upon his fundamental right to a speedy trial guaranteed GAURAV SOROT 2026.07.27 16:56 I attest to the accuracy and integrity of this document CRM-M-39938-2026 under Article 21 of the Constitution of India. In the totality of the facts and circumstances, particularly the principle of parity, the period of custody already undergone and the likelihood of the trial consuming considerable time before reaching its logical conclusion, no useful purpose would be served by prolonging the petitioner's detention pending trial. 6.1. Consequently, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing adequate bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned, as the case may be, and further subject to the following conditions:- i. The petitioner(s) 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. ii. The petitioner(s) shall not tamper with the prosecution evidence in any manner whatsoever, nor shall the petitioner(s), directly or indirectly, attempt to influence, intimidate, or contact any prosecution witness. iii. The petitioner(s) shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event any of the petitioner(s) is in possession of a passport, the particulars thereof shall be furnished before the Investigating Officer as well as the learned Trial Court. iv. Before accepting the bail and surety bonds, the learned Illaqa Magistrate/Duty Magistrate/C.J.M. concerned shall obtain from the petitioner(s) the permanent residential address as well as the present correspondence address, duly supported by appropriate GAURAV SOROT 2026.07.27 16:56 I attest to the accuracy and integrity of this document CRM-M-39938-2026 documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours of the acceptance of the bail bonds and place a verification report on record. In the event any 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. v. The petitioner(s) 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, the 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 the concession of bail in accordance with law. vi. The petitioner(s) 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 of such change. vii. The petitioner(s) 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 personal appearance is exempted in accordance with law. The petitioner(s) shall not absent from the proceedings without obtaining prior permission of the learned Trial Court. In the event of violation of any of the aforesaid conditions or 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 bail and issuance of appropriate coercive process, including warrants of arrest. GAURAV SOROT 2026.07.27 16:56 I attest to the accuracy and integrity of this document CRM-M-39938-2026 7. In view of the fact that the principal matter stands finally adjudicated, all pending miscellaneous applications, if any, arising out of or ancillary to the present proceedings, shall also stand disposed of accordingly. No separate or further orders are required to be passed in respect thereof. ( VIRINDER AGGARWAL) 27.07.2026 JUDGE Gaurav Sorot Whether reasoned / speaking? Yes / No Whether reportable? Yes / No GAURAV SOROT 2026.07.27 16:56 I attest to the accuracy and integrity of this document