CRM-M-44647-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 229 CRM-M-44647-2026 Date of Decision: 18.08.2026 GURCHARAN SINGH ALIAS CHARNA ... PETITIONER VERSUS STATE OF PUNJAB ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Vishal Khatri, Advocate for the petitioner. H.S. Grewal, J.(Oral) 1. The present petition has been filed under Section 483 of BNSS, 2023 (erstwhile Section 439 Cr.P.C.) seeking regular bail to the petitioner in case FIR No.0045 dated 26.05.2024, registered under Sections 302, 148, 149 IPC (now Sections 103, 191(3) & 188 BNS, 2023), registered at Police Station Sudhar, District Ludhiana Rural. 2. The case of the prosecution, in brief, is that the present FIR was registered on the statement of complainant Satwinder Singh, who alleged that on 25.05.2024, he along with his brother Rajwinder Singh @ Rajan, Baljot Singh @ Bobby, Sandeep Singh @ Khema, Harmandeep Singh @ Computer, Prabhjot Singh and Billa was present at village Hans Kalan. They came to know that Maingal Singh had given beatings to their friend Kalu. Thereafter, they along with Kalu proceeded towards the house of Maingal Singh and at about 9:00 p.m., reached near his house, where Maingal Singh was found RENU RAWAT 2026.08.19 17.16 I attest to the accuracy and integrity of this document Chandigarh CRM-M-44647-2026 -2- driving a tractor. At that time, Jassa, armed with a Tangli, Ravi, armed with a baseball bat, Titu, armed with a Toka, Charna, armed with a Toka, Amrit, armed with a Tangli and Mato, armed with a Toka, were also present there. It is further alleged that Maingal Singh raised a lalkara and drove his tractor towards the complainant party with an intention to run them over and kill them. The complainant and others ran towards the fields, while Sandeep Singh @ Khema, Billa and Kalu fled from the spot on a motorcycle. Thereafter, Maingal Singh and his associates allegedly encircled the complainant party. Mato inflicted a Toka blow on the head of Rajwinder Singh @ Rajan, whereas Jassa gave a Tangli blow on his neck. Baljot Singh, Titu, Charna and Ravi also allegedly caused injuries to Rajwinder Singh. The complainant and Harmandeep Singh managed to escape from the spot. However, Rajwinder Singh @ Rajan did not return home. Subsequently, Harmandeep Singh @ Computer informed the complainant that the dead body of Rajwinder Singh was lying in the fields. The complainant along with others reached the spot and found the dead body of Rajwinder Singh @ Rajan lying there. On the basis of the aforesaid allegations, the present FIR was registered. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and no specific injury has been attributed to him. He further submits that there is no incriminating evidence to suggest that the petitioner had any intention or motive for the alleged murder. It is submitted that the material prosecution witnesses, i.e. PW-1 complainant Satwinder Singh, PW-2 Baljot Singh and PW-3 Harmandeep Singh, have not supported the prosecution case qua the involvement of the petitioner and have RENU RAWAT 2026.08.19 17.16 I attest to the accuracy and integrity of this document Chandigarh CRM-M-44647-2026 -3- been declared hostile. Learned counsel also submits that the petitioner is in custody for the last more than 02 years, 02 months and 17 days and co-accused has already been granted concession of regular bail by this Court. He, therefore, prays for release of the petitioner on regular bail as only 03 out of 11 cited prosecution witnesses have been examined so far. 4. Notice of motion. 5. Mr. Subhash Godara, Addl. Advocate General, Punjab accepts notice on behalf of the respondent-State and vehemently opposes the prayer for grant of regular bail on the ground that the allegations against the petitioner are serious in nature. He has filed the custody certificate of the petitioner in Court today, which is taken on record. As per the custody certificate, the petitioner is in custody for the last 02 years, 02 months and 17 days and is not involved in any other case. He, upon instructions, submits that only 03 out of 11 cited prosecution witnesses have been examined so far. 6. I have heard the submissions made by learned counsel for the parties and gone through the record. 7. In view of the above submissions of learned counsel for the parties and keeping in view the facts that the petitioner is in custody for the last more than 02 years, 01 month and 06 days, the aforesaid material prosecution witnesses turned hostile, and that the trial is likely to take a long time to conclude as only 03 out of 11 cited prosecution witnesses have been examined so far, therefore, this Court deems it appropriate to grant the concession of regular bail to the petitioner during the pendency of the trial as the continuous detention of the petitioner would not serve the ends of justice. RENU RAWAT 2026.08.19 17.16 I attest to the accuracy and integrity of this document Chandigarh CRM-M-44647-2026 -4- 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 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. 10. Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case. 11. 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. 18.08.2026 (H.S.GREWAL) renu JUDGE Whether speaking/reasoned : Yes/No Whether reportable: Yes/No RENU RAWAT 2026.08.19 17.16 I attest to the accuracy and integrity of this document Chandigarh