CRM-M-38590-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 237 CRM-M-38590-2026 (O&M) Date of decision:02.09.2026 Jatin Kumar @ Rohan ... Petitioner Vs. State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Dheeraj Mahajan, Advocate for the petitioner. Mr. Vivek Sharma, AAG, Punjab. ... Manisha Batra, J. (Oral). 1. The instant petition has been filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”) seeking benefit of regular bail in case arising out of FIR No.41, dated 19.05.2025, under Sections 109 and 262 of BNS and Section 25 of the Arms Act, registered at Police Station Qila Lal Singh, District Gurdaspur. 2. The aforementioned FIR was registered on the basis of a statement recorded by SI Gurdev Singh, alleging that on 19.05.2025, the petitioner joined investigation in case bearing FIR No.148, dated 17.05.2025, registered at Police Station Civil Lines Batala with Sh. Sanjiv Kumar, Deputy Superintendent of Police, City Batala, who was the Investigating Officer. Accused Jatin Kumar i.e., the present petitioner, who was arrested in the above said FIR was remanded to police custody on the HARJEET KAUR 2026.09.03 15:48 I attest to the accuracy and integrity of this document CRM-M-38590-2026 (O&M) -2- same day and was taken out from the judicial lockup of the police station. He was interrogated and suffered disclosure statement. During that course, he had disclosed that he had concealed a .30 bore pistol along with four live cartridges received from co-accused near the pavement of canal at Qila Lal Singh. In pursuance of his disclosure statement, he was being taken to the disclosed place as by the complainant and other police officials. On reaching there, the petitioner made search under the leaves of bushes and took out a pistol kept in a polythene bag. Thereafter, he at once opened fire pointing the said pistol towards the complainant with an intent to kill him. He was asked to surrender but fired another shot. In defence, the complainant also fired two shots with his service revolver in the air and another shot fired towards the earth, which struck on the upper side of right knee of the petitioner and he had fallen down. He was taken to hospital. After registration of this FIR, the petitioner was formally arrested. Investigation now stands concluded. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody since 06.10.2025. He is not required for further investigation. He has been extended benefit of bail in case FIR No.148 of 2025. A false story has been concocted by the prosecution. There were no chances of his opening fire on the police officials while his being in custody. The narrative of the prosecution is a physical impossibility at the time of alleged occurrence. The Investigating Officer infact was physically present in a press conference and there was no chance of his being present at the spot of occurrence and an encounter had been staged to eliminate him. The trial is likely to take considerable time to conclude. No fruitful purpose would be served by detaining him in custody HARJEET KAUR 2026.09.03 15:48 I attest to the accuracy and integrity of this document CRM-M-38590-2026 (O&M) -3- anymore. It was he, who was the victim in this case as he had sustained firearm injuries. It is, therefore, argued that he deserves to be extended the benefit of bail. 4. Per contra, learned State counsel, while placing reliance upon the status report has argued that taking into consideration the gravity of the allegations as levelled against the petitioner, he does not deserve to be extended the benefit of bail. 5. This Court has heard the rival submissions made by learned counsel for the parties. 6. The petitioner is alleged to have fired shots upon the police officials, who were getting recovery of firearm effected in pursuance of his disclosure statement in connection with some other case. The allegations make out a prima facie case as against the petitioner. However, none of the police officials had been injured in this case. Rather it was the petitioner, who had sustained firearm injuries at the hands of the police officials. The trial will still take considerable time to conclude as even changes have not been framed so far, though challan stands presented. Further incarceration of the petitioner would not serve any useful purpose. It is well settled proposition of law that pre-trial incarceration should not be a replica of post-conviction sentencing and that the bail is the rule and jail is an exception. The object of jail is to secure appearance of the accused during trial, and it cannot be preventive or punitive. Keeping in view the facts as discussed above, the petitioner has made out a case for release on bail. Accordingly, the same is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal as well as surety bonds to the HARJEET KAUR 2026.09.03 15:48 I attest to the accuracy and integrity of this document CRM-M-38590-2026 (O&M) -4- satisfaction of the learned trial Court/CJM/Duty Magistrate concerned and subject to the following conditions:- (i) He shall appear before the learned trial Court on each date of hearing unless exempted. (ii) He shall not tamper with evidence or attempt to influence witnesses in any manner. (iii) He shall surrender his passport, if any, furnish details of his cell phone and Aadhar card, and shall not change his mobile number(s) during the pendency of the trial and shall not leave the country without the permission of the Court. 7. Breach of any of the above conditions shall be a ground for cancellation of bail granted to the petitioner. 8. It is, however, clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case and shall not influence the outcome of the trial. 9. Since the main petition has been allowed, pending application, if any, is rendered infructuous. (MANISHA BATRA) 02.09.2026 JUDGE harjeet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HARJEET KAUR 2026.09.03 15:48 I attest to the accuracy and integrity of this document