CRM-M/50626/2026 of JASPAL SINGH ALIAS JASSA AARTI Vs STATE OF PUNJAB on 11 September 2026

1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.67 dated 16.4.2026 under Sections 103, 115(2), 351(2), 191(3) 190 read with Section 117(2) of Bharatiya Nyaya Sanhita, 2023, registered at Police Station Ramdas, Amritsar (Rural)

2. The FIR in question pertains to alleged murder of one Dalbir Singh.

3. Learned counsel for the petitioner has argued that the petitioner is in custody since 5.5.2026. Learned counsel has further urged that, assuming arguendo, the prosecution version is taken to be correct, the injury attributed to the petitioner (herein) is not the fatal one and the fatal injury (described as Injury No.1 in the police proceedings) is attributed to co-accused Pargat Singh. Learned counsel has further urged that the incident in question reflects that it had occurred on account of sudden hot exchange of words and the injury attributed to the petitioner is simple kick blow on the body of the deceased. Learned counsel has further urged that the petitioner is a man aged 62 years with clean antecedents. Learned counsel has further urged that the challan (upon culmination of investigation) already stands filed and the petitioner is not in a position to influence the prosecution witnesses, who are the relatives etc. of the deceased. Thus, regular bail is prayed for.

4. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of regular bail. Learned State counsel seeks to place on record custody certificate dated 10.9.2026 in Court, which is taken on record. 4.1 Per contra, learned counsel for the complainant has opposed the grant of bail to the petitioner by iterating that the petitioner was directly responsible for causing the murder of deceased Dalbir Singh. Learned counsel has further urged that the FIR-complainant/eye witness(s) is yet to be examined as prosecution witnesse(s). Learned counsel has further urged that a person has lost his life and thus, the petitioner ought not to be extended the concession of bail at this juncture. Thus, dismissal of the petition is entreated for.

5. I have heard counsel for the parties and have gone through the available records of the case.

6. The petitioner was arrested on 5.5.2026 wherein after investigation was carried out; challan was presented on 11.8.2026. Total 25 prosecution witnesses have been cited but none have been examined till date. It is thus indubitable that culmination of trial will take its own time.

Keeping in view the entirety of the factual milieu of the case in hand; especially the nature of the fight/dispute which led to the alleged murder of deceased Dalbir Singh, the nature of injury attributed to the petitioner, the circumstances in which the deceased has been killed, the petitioner being a man aged 62 years with clean antecedents & trial is not likely to culminate in near future; this Court is inclined to afford the concession of regular bail to the petitioner The rival contentions raised at Bar give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1 As per custody certificate dated 10.9.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 4 months and 3 days & is not shown to be involved in any other case.

Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case.

7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:-

(i) The petitioner shall not mis-use the liberty granted.

(ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail.

(v) The petitioner shall deposit his passport, if any, with the trial Court.

(vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.

(vii) The petitioner shall not in any manner try to delay the trial.

8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move for cancellation of bail of the petitioner.

9. Ordered accordingly.

10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.

(SUMEET GOEL)

JUDGE 11.9.2026 Ashwanii Whether speaking/reasoned: Yes/No

Whether reportable:

Yes/No