CRM-M/26566/2026 of LAKHBIR SINGH ALIAS LAKHMIR SINGH ALIAS LAKHA AND ANOTHER Vs STATE OF PUNJAB on 17 July 2026

1. The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (erstwhile Section 439 Cr.P.C.) seeking regular bail to the petitioners in case FIR No. 27 dated 23.03.2022, registered under Sections 302, 148, 149 and 120-B of the Indian Penal Code, 1860 (corresponding to Sections 101, 191(3), 190 and 61 of the Bharatiya Nyaya Sanhita, 2023) at Police Station Majitha, District Amritsar Rural.

2. The case of the prosecution is that on 22.03.2022, 6-7 unknown persons, armed with deadly weapons, arrived on three motorcycles and inflicted multiple injuries upon Karamjit Singh, son of the complainant. The injured was immediately taken to Fortis Hospital, where he was declared dead. During the course of investigation, co-accused Ramandeep Singh, while in custody in connection with another criminal case, allegedly suffered a

Chandigarh disclosure statement admitting his involvement in the present occurrence and further named the present petitioners along with certain other persons as participants in the commission of the offence.

3. Learned counsel for the petitioners submits that the petitioners were as not named in the FIR and have been implicated only on the basis of the disclosure statement of a co-accused Ramandeep Singh, who was the main conspirator. It is further submitted that there is no incriminating material against the petitioners which would connect them with the commission of alleged offence. It is further submitted that no overt act has been attributed to the petitioners and similarly situated co-accused, Jobanpreet Singh @ Joban, has already been granted the concession of regular bail by this Court in CRM- M-48453-2024 on 24.07.2025 (Annexure P-2). It is also submitted that the petitioner is in custody for the last more than 03 years, 06 months & 14 days. He, therefore, prays for release of the petitioners on regular bail as the trial is likely to take a long time because fresh challan has been presented on 06.05.2026.

4. Notice of motion.

5. On the asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab, accepts notice on behalf of the respondent and vehemently opposes the prayer for grant of regular bail to the petitioners. He has filed the status report by way of an affidavit of Mr. Kamalmeet Singh, PPS, Deputy Superintendent of Police, Sub-Division Majitha, Amritsar (Rural) and the custody certificate in Court, which are taken on record. As per the custody certificate, the petitioners

Chandigarh are in custody for the last more than 03 years, 06 months & 14 days. He, upon instructions, submits that fresh challan has been presented on 06.05.2026.

6. I have heard the learned counsel for the parties and perused the record.

7. In view of the above submissions of learned counsel for the parties and keeping in view the facts that the petitioners are in custody for the last more than 03 years, 06 months & 14 days, they were not named in the FIR, co- accused has already been granted bail and that the trial is likely to take a long time to conclude as fresh challan has been presented on 06.05.2026, therefore, this Court deems it appropriate to grant the concession of regular bail to the petitioners during the pendency of the trial as the continuous detention of the petitioners would not serve the ends of justice.

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 petitioners are ordered to be released on regular bail on their furnishing requisite bail bonds, surety bonds to the

Chandigarh

satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

10. However, it is made clear that in case the petitioners misuse the concession of bail, the State/complainant would be at liberty to seek cancellation of their bail.

(H.S.GREWAL) July 17, 2026

JUDGE Sonia

Whether speaking/reasoned : Yes/No

Whether reportable

: Yes/No

Chandigarh