Jaskaran Singh @ Jassi v. State Of Punjab

CRM-M-12267-2026 (O&M) 1

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-12267-2026 (O&M) Date of decision: 12.03.2026 Jaskaran Singh @ Jassi ....Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Arnav Sood, Advocate for the petitioner 




  ***** AMAN CHAUDHARY, J. (ORAL) 1.

Prayer in the present petition filed under Section 483 BNSS is for grant of regular bail to the petitioner in case FIR No.27 dated 18.02.2021, registered under Sections 307, 458, 148, 149 IPC, 25/27 of Arms Act at Police Station City Banga, District SBS Nagar (cross case) in case FIR No.15 dated 16.02.2021, under Sections 302, 307, 148, 149 of IPC & 25, 27 of Arms Act, registered at Police Station City Banga, District S.B.S. Nagar. 2.

Learned counsel contends that the petitioner has been in custody for 2 years and more than 2 months. He has not been attributed any overt Act but for travelling alongwith co-accused Shivam and Gurmeet Singh @ Geetu, the former of whom has been granted bail by the Co-ordinate Bench vide order dated 22.04.2025, against whom, there are also 4 cases, after being in custody of 2 years, 1 month and 16 days and the latter granted anticipatory bail vide order dated 05.01.2022 made absolute on 07.02.2022, Annexure P-4. It is a case of version and cross-version, where the petitioner's side has lodged FIR dated 16.02.2021 under Section 302 IPC, wherein co-accused-Lakhwinder Singh has

CRM-M-12267-2026 (O&M) 2 been attributed fatal injury to Surjeet Singh and he himself suffered injuries, attracting Section 307 in the DDR. Challan was presented on 05.02.2024, however, charges have not been framed and in all there are 27 prosecution witnesses. The petitioner is involved in 7 more cases, in 6 of which, he is on bail. Reliance is placed on the judgment passed by Hon'ble The Supreme Court titled as Maulana Mohd. Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382.

3.

The custody certificate dated 11.03.2026, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 2 years, 2 months and 5 days.

4.

Learned State counsel opposes the bail on the ground that the petitioner was a part of the conspiracy and had travelled with the other coaccused to the place of occurrence. However, he is unable to controvert the submissions with regard to stage, co-accused having been granted bail and the petitioner being on bail in 6 cases.

5.

Heard.

6.

Hon'ble The Supreme Court in the case of Maulana Mohd. Amir Rashadi (Supra)had held that, "As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court, etc." Reiterating in Prabhakar Tewari vs. State of UP and another, (2020) 11 SCC 648, it was observed that, "The offence alleged no doubt is grave and serious and there are several criminal cases pending against the accused. These factors

CRM-M-12267-2026 (O&M) 3 by themselves cannot be the basis for refusal of prayer for bail." 7.

Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 2 years, 2 months and 5 days; on bail in some cases; co-accused are on bail; challan stands presented on 05.02.2024, however, charges are yet to be framed and there are a total of 27 prosecution witnesses, the trial is likely to take a considerable time, further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India, the present petition is allowed. 8.

The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial.

(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.

(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.

(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of.

(v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

(vi) The petitioner shall not in any manner misuse his liberty.

(vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court.

CRM-M-12267-2026 (O&M) 4 (viii) The petitioner shall not leave the country without prior permission of the trial Court.

(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.

9.

It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order.

10.

In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations. (AMAN CHAUDHARY) JUDGE 12.03.2026 M.Kamra Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No