Punjab and Haryana High Court

CRM-M/34939/2026 of MOHAMMAD USMAN Vs STATE OF PUNJAB on 17 July 2026

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(O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 207 CRM-M-34939-2026 (O&M) Date of decision: 17.07.2026 MOHAMMAD USMAN PETITIONER VERSUS STATE OF PUNJAB RESPONDENT CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Harnoor Singh, Advocate for the petitioner.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Date of decision: 17.07.2026

MOHAMMAD USMAN

PETITIONER

VERSUS

STATE OF PUNJAB

RESPONDENT

CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL

Present:

Mr. Harnoor Singh, Advocate for the petitioner.

Mr. Akash Yadav, AAG Punjab.

***

Shalini Singh Nagpal, J.

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1. Petitioner seeks regular bail in FIR No.81 dated 05.05.2026 under Sections 103, 115(2), 118(1), 126(2) and 3(5) of Bharatiya Nyaya Sanhita (B.N.S.), 2023, Police Station City Sangrur, District Sangrur. This is the first petition for regular bail. Section 249 BNS has been added in the FIR during investigation.

2. Complainant Bikramjit Singh s/o Surinder Singh stated that he had two sons, Arshdeep Singh aged 16 years and Arshpreet Singh aged 14 years. At about 08:00 P.M., his elder son, Arshdeep Singh and his nephew Abhineet were going towards Patiala Gate through Wada Mohalla and he was following them. When they reached the street of Patiala Gate, Sangrur, two boys, namely, Umar s/o Usman and Mohammed Noman s/o Mohammed Rihan surrounded them and started thrashing them. They were armed with sharp edged weapons and inflicted multiple blows on his nephew and son. Within his sight, they fled the spot after causing them injuries. He got them admitted in Civil Hospital, Sangrur with the help of passerby, where the doctor declared Arshdeep Singh brought dead.

3. Learned counsel for the petitioner submits that petitioner was in custody w.e.f. 05.05.2026. He was father of accused, namely Umar and was HARPREET SINGH CHAUHAN 2026.07.20 19:07 I agree to specified portions of this document alleged to have harboured the main accused. Only Section 249 BNS was invoked against him. There was no evidence collected by the prosecution to involve him in the offence of murder or to show his possible link with the crime. No role was attributed to the petitioner with respect to murder of the deceased or the attack on victim. Petitioner, thus, deserved to be released on bail.

4. Learned State counsel has filed status report by way of affidavit of Mr. Dalbir Singh, PPS, Deputy Superintendent of Police, Sub-Division, Sangrur along with custody certificate dated 16.07.2026. The same are made part of the record. Learned State counsel submits that on the basis of supplementary statement suffered by the complainant, petitioner along with others was nominated as accused for the offence under Section 249 BNS i.e. ‘Harbouring an offender’.

5. The only role attributed to the petitioner is that he harboured the co-accused Umar and Mohammed Noman and facilitated their escape from the reach of the law. The petition is allowed. Petitioner is ordered to be released on regular bail, subject to his furnishing adequate bail and surety bonds to the satisfaction of Trial Court/Duty Magistrate.

6. Pending miscellaneous applications, if any, also stand disposed of.

(SHALINI SINGH NAGPAL)

JUDGE 17.07.2026 HS.CHAUHAN Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No

HARPREET SINGH CHAUHAN 2026.07.20 19:07 I agree to specified portions of this document

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