CRM-M-39200-2026 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-39200-2026 (O&M) Reserved on: 31.08.2026 Pronounced on: 02.09.2026 Uploaded on: 03.09.2026 Amritpal Singh ………Petitioner Versus State of Punjab …..….Respondent CORAM : HON’BLE MR. JUSTICE VIKRAM AGGARWAL Argued by: Mr. Karanjeet Singh Brar, Advocate, for the petitioner. Mr. Ravinder Singh, DAG, Punjab. VIKRAM AGGARWAL, J This is the second petition preferred under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) is for the grant of regular bail to the petitioner in case FIR No.134 dated 26.07.2022, registered at Police Station Talwandi Sabo, District Bathinda, under Sections 302, 307, 323, 148, 149 IPC (now Sections 103, 109, 115(2), 191(3) and 190 of the BNS), Sections 25 and 27 of the Arms Act, 1959, Section 324 and 34 IPC (now Sections 118 and 3(5) of the BNS), added subsequently, the first having been withdrawn on 06.11.2023. 2. On the statement of one Krishan Singh, the FIR in question was registered, the translated version of which (as given in the status report) reads as under:- "Statement of Krishan Singh son of Baru Singh son of Gajjan Singh, resident of Rayia, Police Station DALBIR SINGH 2026.09.03 15.24 I attest to the accuracy and integrity of this document CRM-M-39200-2026 (O&M) [2] Talwandi Sabo, aged about 28 years, Mobile No.99146-37185. Stated that I am a resident of above said address and am doing the work of agriculture and labour. We have 2½ acres of Panchayati land on lease, where today I along with my brother Bhuchar Singh and my father Baru Singh were irrigating with canal water and after us, it was the turn of canal water for the Panchayati land, which was taken by Khushdeep Singh etc. on lease. Therefore, Khushdeep Singh son of Jagdev Singh, resident of Village Rayia, along with Kuldeep Singh son of Hargobind Singh, Gagandeep Singh son of Harvinder Singh, Harjinder Singh son of Banta Singh, residents of village Rayia, went to the panchayati land taken, on lease by them to irrigate and for irrigating the land and were standing at the nakka. Then at about around 10'clock, Amritpal Singh son of Gurcharan Singh, resident of Rayia, who was having the said Panchayati land on lease last year, was not giving up the possession of the land but the said land was obtained by Khushdeep Singh through bid in his name and due to which, Khushdeep Singh wanted to irrigate the land, then Amritpal Singh son of Gurcharan Singh, who were having .32 bore licensed revolver and his brother Simarjeet Singh son of Gurcharan Singh, who was having .12 bore gun, Kirpal Singh son of Kartar Singh, who was having country-made pistol, Kuldeep Singh son of Kirpal Singh, who was having kirpan, Harbans Singh son of Jeevan Singh, Amandeep Singh son of Gurbachan Singh, Sita Singh son of Sampuran Singh, Badal Singh son of Gurcharan Singh, Hussanpreet Singh son of Bhunda Singh, residents of village Rayia, along with 4-5 other unidentified persons, whom I can identify upon coming before me and all of them were having 'Gandasas' and 'Swords', who came riding on Harbans Singh's Eicher Tractor, Kripal Singh's Eicher Tractor and Amritpal Singh's DALBIR SINGH 2026.09.03 15.24 I attest to the accuracy and integrity of this document CRM-M-39200-2026 (O&M) [3] Bolero Car and said to Khushdeep Singh that who are you to cut the water turn. Then Khushdeep Singh said that I had taken Panchayat land on lease. On hearing this, Kripal Singh fired from his pistol directly at us and it passed over our head. Then, Amritpal Singh fired three shots from his revolver, which hit my brother Bhuchar Singh on the left side of his chest, in the middle of the chest and above the left shoulder and he fell down. Then these persons had attacked us with the intention of killing us and these persons attacked Gagandeep Singh, Kuldeep Singh and Harjinder Singh also and inflicted injuries on them with their weapons. Then we raised raula of `Marta Marta', and all of them ran away from the spot along with their respective weapons. We had taken our brother Bhuchar Singh and got him admitted to Government Hospital, Talwandi Sabo, while arranging vehicle, where the doctor declared my brother Bhuchar Singh dead. Then we admitted the dead body of my brother Bhuchar Singh in the mortuary of Civil Hospital, Bathinda, and also got admitted injured Gagandeep Singh, Kuldeep Singh and Harjinder Singh into Civil Hospital, Bathinda, for treatment. Amritpal Singh, who was having panchayati land on lease last year and the same land was taken by friend of my brother namely Khushdeep Singh on lease but Amritpal Singh was not leaving possession of the said land and under this motive, Amritpal Singh in connivance with each other, had killed my brother by firing upon him and given injuries to Gagandeep Singh and others with intention to kill them. Action be taken against them.” 3. It was submitted by learned counsel for the petitioner that the petitioner was arrested on 30.07.2022 and has been in custody since then. He submitted that more than four years have elapsed but the trial has, in a way, not commenced, for, an application under Section 319 Cr.P.C. had been moved in DALBIR SINGH 2026.09.03 15.24 I attest to the accuracy and integrity of this document CRM-M-39200-2026 (O&M) [4] November, 2023, which, after a report was sought by this Court, has been allowed vide order dated 04.08.2026. He submitted that this would essentially mean that the trial shall be delayed even further. Learned counsel submitted that the right of the petitioner to a speedy trial has been gravely prejudiced and, therefore, he deserves to be released on bail. 4. Per contra, learned counsel representing the State argued that the petitioner is the main accused and it was he, who is alleged to have fired upon Buchar Singh with his .32 bore licenced revolver, as a result of which, Buchar Singh expired. He submitted that that the complainant duly stepped into the witness box and supported the case of the prosecution in his examination-in-chief, after which an application under Section 319 Cr.P.C., was moved. Learned State counsel submitted that in case the petitioner is released on bail, he may try to influence and threaten the witnesses and may even abscond. 5. I have considered the submissions made by learned counsel for the parties. 6. An unfortunate incident took place on 26.07.2022, in which one Buchar Singh was murdered. The allegation of murdering Buchar Singh is upon the petitioner, he allegedly having fired upon Buchar Singh with his .32 bore licenced revolver. 7. On 23.07.2026, this Court passed the following order:- “Prayer in the present petition preferred under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short 'the BNSS'), is for the grant DALBIR SINGH 2026.09.03 15.24 I attest to the accuracy and integrity of this document CRM-M-39200-2026 (O&M) [5] of regular bail to the petitioner in case FIR No. 134 dated 26.07.2022, registered under Sections 103, 109, 115(2), 191(3) and 190 of BNS, 2023, at Police Station Talwandi Sabo, District Bathinda. Learned counsel for the petitioner has opened his arguments with a contention that an application under Section 319 Cr.P.C., seeking to summon additional accused is pending before the trial Court since 23.10.2023 and almost three years have elapsed. Before proceeding further, a report is sought from the District and Sessions Judge, Bathinda giving the reasons for the inordinate delay in deciding the application under Section 319 Cr.P.C. The District and Sessions Judge, Bathinda, would also seek the explanation of the Officer/s concerned. Report be submitted within a period of two weeks from today. State of Punjab would also file a status report in the meanwhile. Adjourned to 17.08.2026.” 8. In compliance with the said order, a report was received from the District & Sessions Judge, Bathinda, giving reasons for the delay in the decision of the application moved under Section 319 Cr.P.C. 9. It emerges that the application had been moved on 20.11.2023 and was decided on 04.08.2026 after a report was sought by this Court. The matter is being taken up separately on the administrative side. 10. No doubt, the petitioner has been in custody for the last more than four years now. His right to a speedy trial has been prejudiced. However, at the same time, this Court cannot lose sight of the fact that the petitioner is the main accused and is alleged to have gunned down Buchar Singh. The complainant stepped into the witness box and reiterated his version in his DALBIR SINGH 2026.09.03 15.24 I attest to the accuracy and integrity of this document CRM-M-39200-2026 (O&M) [6] examination-in-chief, after which the application under Section 319 Cr.P.C. was moved. 11. Keeping in view the nature of the offence alleged to have been committed by the petitioner and the gravity of the allegations, this Court, while keeping in mind the long incarceration of the petitioner, is not inclined to grant regular bail. 12. For the reasons aforementioned, this Court is constrained to dismiss the present petition for the grant of regular bail. However, a direction is issued to the trial Court to expedite the trial and ensure that it is completed within a period of one year from today. Pending application(s), if any, shall also stand disposed of. (VIKRAM AGGARWAL) 02.09.2026 JUDGE ds Whether speaking/reasoned : Yes/No Whether reportable : Yes/No DALBIR SINGH 2026.09.03 15.24 I attest to the accuracy and integrity of this document