Citation : 2026 Latest Caselaw 3674 P&H
Judgement Date : 22 April, 2026
CRM-M No.14990 of 2026 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
234
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CRM-M No.14990 of 2026
Date of decision : 22.4.2026
Date of uploading : 22.4.2026
Vikram .............Petitioner
Versus
State of Haryana .......Respondent
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present: Mr. B.S. Mamli, Advocate, for the petitioner
Mr. Vishal Singh, AAG, Haryana
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SUMEET GOEL, J. (ORAL)
1. Present 2nd 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.296 dated 28.5.2020 under
Section 307 of IPC and Section 25 of Arms Act, 1959, registered at Police
Station Barwala, District Hisar.
2. The case set up in the FIR in question (as set out in the present
petition by the petitioner) is as follows:-
'To, the SHO Sahib, Police Station Barwala, Hisar Subject: Regarding firing with the intention to kill. Respected Sir, I humbly submit that I, Jagbir son of Satbir, caste Pandit, resident of village Pabda. Today, on dated 28.05.2020, at about 10:30 a.m., I along with Manjeet son of Ram Bhagat Chamar of our village were returning home from the high school ground of our village. On the way, Anil son of Krishna Jat of our village, our village's nephew Abhishek alias Shekhu, and one other person, all three riding on a motorcycle, came there and immediately
started abusing us. Then Anil fired a shot at us from a country-made pistol with the intention to kill us. The bullet passed very close to me. Thereafter, we ran away from there. They chased us for a long distance but could not succeed in catching us. Along with Anil, Abhishek and the other youth were also carrying sharp-edged weapons. We are under threat to our lives from them. Therefore, I request you to kindly take strict legal action against the culprits. Thanking you. Sd/ Jagbir Complainant.'
3. Learned counsel for the petitioner has argued that the petitioner
was initially arrested on 26.7.2020. Thereafter investigation was carried
out and challan was presented on 12.9.2020. Subsequently, the petitioner
was afforded the concession of regular bail by the trial Court vide order
dated 1.10.2020. However, the petitioner could not appear before the
concerned Court on 29.5.2025 whereinafter, his bail was cancelled. The
petitioner surrendered back on 6.9.2025. It is submitted that the petitioner
is in continuous custody since then. Learned counsel has further submitted
that the petitioner met with an accident and suffered injuries. On the said
account, he could not appear in the Court in time. 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 the regular bail. Learned
State counsel seeks to place on record custody certificate dated 21.4.2026
in Court, which is taken on record.
5. I have heard counsel for the parties and have gone through the
available records of the case.
6. It is not in dispute that the petitioner was extended the
concession of regular bail on 1.10.2020. However, the petitioner did not
appear before the concerned Court on 29.5.2025 and thereafter
surrendered himself on 6.9.2025 to the jurisdiction of the said Court.
Since then, the petitioner is in custody. Without commenting upon the
merits of the case, this Court deems it appropriate to grant the concession
of regular bail to the petitioner.
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 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 22.4.2026 Ashwanii
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
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