Citation : 2026 Latest Caselaw 2680 P&H
Judgement Date : 18 March, 2026
CRM-M No.13671 of 2026 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
232
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CRM-M No.13671 of 2026
Date of decision : 18.3.2026
Date of uploading : 18.3.2026
Balbir Singh .............Petitioner
Versus
State of Punjab .......Respondent
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present: Mr. Sandeep Arora, Advocate, for the petitioner
Mr. Jaypreet Singh, DAG, Punjab
---
SUMEET GOEL, J. (ORAL)
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 bearing FIR No.229 dated 2.11.2016
registered for the offences punishable under Sections 307, 325, 353, 332,
333, 186 of IPC (Sections 279, 337 and 338 of IPC deleted later on), at
Police Station Phillaur, District Jalandhar Rural.
2. The case set up in the FIR in question (as set out in the present
petition by the petitioner) is as follows:-
'Stateinent of Balwinder Pal son of Ram Lal resident of village Pasna, police station Kartarpur district Jalandhar, age about 50 years, mobile number 95925-12954, stated that I am resident of above mentioned address and I am in the Department of Police Highway Patrolling, Jalandhar. That on 24.10.2016, I along with INSP Saroop Singh 707/Jalandhar, HC Harjit Singh 214, HC Jarnail Singh 490 driver Sant
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Prakash 709 were checking at Highway Patrolling Naka Sutlej near Sunny Mandir when a Tampu Travel No. PB-01-A-1768 was stopped for checking, then a bus No. PB-10-DE-9833 of Roni company and the driver brought the bus to the left side at a high speed due and struck me the bus with an intention to kill me and I sustained a lot of injuries and the bus lifted me on the side. Later on, my fellow officials admitted me to DMC Hospital for treatment where 1 am undergoing treatment. The name of the bus driver was later on found to be Balvir Singh son of Jagir Singh, caste Bawe, resident of Cheleke, Police Station City, Moga. Appropriate legal action be taken against him. The statement was got written, heard, which is correct. Sd/-Punjabi Balwinder Pal.'
3. Learned counsel for the petitioner has argued that initially the
petitioner was arrested on 2.11.2016 whereinafter he was granted the
concession of regular bail on merits on 3.1.2017. Learned counsel has
submitted that the petitioner continued to appear before the concerned
Court till February 2018 but could not appear thereafter on account of
mis-communication. Learned counsel has further submitted that the
petitioner came to be re-arrested on 6.9.2025 and is in continuous custody
since then. Learned counsel has further submitted that the petitioner is a
man with no criminal antecedents. Thus, regular bail is prayed for.
4. Learned State counsel has opposed the present petition by
arguing that allegations raised against the petitioner are serious in nature
and, thus, the petitioner does not deserve the concession of the regular
bail. Learned State counsel has filed custody certificate dated 17.3.2026
in Court today, 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 initially granted the
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concession of regular bail on merits of the case on 3.1.2017 and continued
to appear till February 2018 in trial proceedings. Since the petitioner
stands re-arrested on 6.9.2025 and is in continuous custody since then &
is not shown to be involved in any other case and the total custody period
suffered by the petitioner is more than 8 months, this Court is favourably
inclined to enlarge him on bail.
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.
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9. Ordered accordingly.
10. Nothing said hereinabove shall be construed as an expression of
opinion on the merits of the case.
(SUMEET GOEL) JUDGE 18.3.2026 Ashwanii
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
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