Jagpreet Singh @ Jagga vs State Of Punjab on 5 August, 2026

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    Punjab-Haryana High Court

    Jagpreet Singh @ Jagga vs State Of Punjab on 5 August, 2026

                                               CRM-M-42213-2026                           1
    
                220                IN THE HIGH COURT OF PUNJAB AND HARYANA
                                            AT CHANDIGARH
    
                                                                CRM-M-42213-2026
                                                                Date of Decision: 05.08.2026
    
                XXXXXXX                                                             ...Petitioner
    
                                                     Vs.
                STATE OF PUNJAB                                                     ...Respondent
    
                CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL
    
                Present:           Mr. Vinod K. Kaushal, Advocate for the petitioner.
    
                                   Ms. Navreet Kaur, AAG, Punjab.
    
                VIRINDER AGGARWAL, J. (Oral)
    

    1. The present petition under Section 483 of the Bharatiya Nagarik

    Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal

    SPONSORED

    Procedure, 1973), has been filed seeking the grant of regular bail to the

    petitioner in FIR No. 141 dated 12.09.2025, initially registered under Sections

    48, 111, 109, 61(2), 324(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023

    (corresponding to Sections 307, 120-B, 427 and 34 of the Indian Penal Code,

    1860), and Sections 25 and 27 of the Arms Act, 1959, at Police Station

    Ramdas, District Amritsar (Rural). During the course of investigation,

    offences under Sections 103, 308(4), 351(3), 238, 191(3) and 190 of the

    Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 302, 387, 506, 201,

    148 and 149 of the Indian Penal Code, 1860) were added, whereas the offence

    under Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to

    Section 34 of the Indian Penal Code, 1860) was deleted.

    2. As per the prosecution, the present FIR was registered on the

    statement of Major Singh, brother of the injured Kulwinder Singh. It is alleged

    that Kulwinder Singh, who was running a private hospital and also working as
    KUMUD VERMA
    2026.08.05 16:40
    I attest to the accuracy and
    integrity of this document
    Chandigarh
    CRM-M-42213-2026 2

    a commission agent, had been receiving extortion calls since May, 2025 from

    one Swarn Singh @ Jeevan Fauji, who demanded ₹50 lakhs and threatened

    him with dire consequences. It is further alleged that an earlier attempt was

    also made on 11.07.2025, when two unidentified assailants allegedly opened

    fire at Kulwinder Singh outside his hospital, pursuant to which a separate FIR

    had already been registered. It is the further case of the prosecution that on

    12.09.2025, at about 12:10 p.m., three unidentified youths arrived at Bhangu

    Hospital on a motorcycle, out of whom two entered the hospital on the pretext

    of purchasing medicines and opened fire at Kulwinder Singh with an intention

    to kill him, causing firearm injuries. The assailants fled from the spot after the

    occurrence. On the basis of the statement of the complainant, present FIR

    came to be registered against Swarn Singh @ Jeevan Fauji and three unknown

    assailants under the relevant provisions of the BNS, 2023 and the Arms Act.

    Subsequently, Kulwinder Singh succumbed to the injuries sustained in the

    incident on 05.10.2025, whereupon the offence under Section 103 of the

    Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 302 IPC), along

    with other allied offences, was added. During the course of investigation, on

    the basis of secret information, the present petitioner was arrested on

    17.09.2025 and nominated as one of the assailants. Upon completion of the

    investigation, the challan has been presented before the learned Trial Court.

    3. Learned counsel for the petitioner submits that the petitioner has

    been falsely implicated in the present case and is not named in the FIR. It is

    contended that the occurrence, as narrated in the FIR, attributes the

    commission of the offence to three unidentified assailants who had covered

    their faces and had arrived on an unnumbered motorcycle. Learned counsel

    KUMUD VERMA
    2026.08.05 16:40
    I attest to the accuracy and
    integrity of this document
    Chandigarh
    CRM-M-42213-2026 3

    submits that there was neither any description of the assailants nor any

    identifying feature of the motorcycle mentioned in the earliest version, and,

    therefore, the subsequent implication of the petitioner solely on the basis of

    alleged secret information is wholly improbable and legally unsustainable. It

    is further submitted that no test identification parade was ever conducted to

    establish the identity of the petitioner as one of the alleged assailants.

    3.1 Learned counsel further argues that no recovery of any weapon,

    incriminating article or other material has been effected from the petitioner

    and there is no direct evidence connecting him with the commission of the

    alleged offence. It is contended that the petitioner, who is a juvenile by date of

    birth and is pursuing the present petition through his mother, has remained in

    judicial custody since 17.09.2025. The investigation stands concluded, the

    challan has already been presented before the learned Trial Court, charges

    were framed on 05.05.2026, and despite there being 29 prosecution witnesses,

    not even a single witness has been examined till date, indicating that the trial

    is likely to consume considerable time.

    3.2 Learned counsel further submits that similarly situated co-

    accused Karamjit Singh @Karanjeet Singh @ Vansh has already been granted

    the concession of regular bail by this Court in CRM-M-32681-2026 vide order

    dated 25.06.2026. Learned counsel further submits that the petitioner is not

    involved in any other criminal case, has never been declared a proclaimed

    offender and there is no likelihood of his absconding or tampering with the

    prosecution evidence. It is also pointed out that similarly situated co-accused

    have already been granted the concession of regular bail by this Court. In

    these circumstances, it is prayed that the petitioner be enlarged on regular bail.

    KUMUD VERMA
    2026.08.05 16:40
    I attest to the accuracy and
    integrity of this document
    Chandigarh
    CRM-M-42213-2026 4

    4. Notice of motion.

    5. Ms. Navreet Kaur, AAG, Punjab, has put in appearance on behalf

    of the respondent-State and has opposes the prayer for grant of regular bail

    and submits that the petitioner is involved in a grave and heinous offence

    involving a pre-planned attack on the victim pursuant to an extortion

    conspiracy. It is contended that during the course of investigation, the

    petitioner was nominated on the basis of credible secret information and

    sufficient incriminating material has been collected connecting him with the

    commission of the offence. Learned State counsel further submits that the

    victim ultimately succumbed to the firearm injuries sustained in the

    occurrence, whereupon the offence under Section 103 of the Bharatiya Nyaya

    Sanhita, 2023 (corresponding to Section 302 IPC) and other allied offences

    were added.

    6. Be that as it may, considering the custody period already

    undergone by the petitioner since 17.09.2025, the fact that the investigation

    stands concluded, the challan has already been presented before the learned

    Trial Court and charges have been framed on 05.05.2026, the petitioner is no

    longer required for custodial interrogation. It is further noticed that the

    petitioner was not named in the FIR and came to be implicated during the

    course of investigation after his arrest on the basis of secret information. The

    correctness of the prosecution version and the evidentiary value of the

    material relied upon to connect the petitioner with the alleged occurrence are

    matters which shall be examined during the course of trial. It is also a matter

    of record that the petitioner claims to be a juvenile on the date of the alleged

    occurrence and is prosecuting the present petition through his mother, which is

    KUMUD VERMA
    2026.08.05 16:40
    I attest to the accuracy and
    integrity of this document
    Chandigarh
    CRM-M-42213-2026 5

    also a relevant circumstance at this stage. Role attributed to the petitioner is

    that he was given a stolen motor-cycle to co-accused which was used by the

    co-accused in reccee of place of occurrence prior to actual commission of

    offence. There is no specific attribution against the petitioner. Furthermore,

    out of the 29 prosecution witnesses cited by the prosecution, not even a single

    witness has been examined till date, indicating that the trial is likely to take

    considerable time to reach its logical conclusion. It is also not disputed that

    similarly situated co-accused have already been granted the concession of

    regular bail by this Court and no distinguishing feature has been pointed out

    by the learned State counsel so as to deny the petitioner the benefit of parity.

    In these circumstances, without expressing any opinion on the merits of the

    case, further incarceration of the petitioner would serve no useful purpose.

    7. Reliance is placed upon the judgment of the Hon’ble Apex Court

    in Dataram Singh v. State of Uttar Pradesh & Another, 2018 (2) R.C.R.

    (Criminal) 131, wherein it has been held that grant of bail is the rule and

    refusal thereof is an exception, and that a person is presumed to be innocent

    until proven guilty. It is further submitted that the right to speedy trial forms

    an integral part of the right to life and personal liberty guaranteed under

    Article 21 of the Constitution of India, and the same has been consistently

    recognised by the Hon’ble Supreme Court, including in Balwinder Singh v.

    State of Punjab & Another (SLO (Crl.) No. 8523/2024). In these

    circumstances, continued incarceration of the petitioner would serve no useful

    purpose, particularly when the trial can be effectively safeguarded by

    imposing appropriate conditions.

    KUMUD VERMA
    2026.08.05 16:40
    I attest to the accuracy and
    integrity of this document
    Chandigarh
    CRM-M-42213-2026 6

    8. Accordingly, the present petition is allowed, and the petitioner is

    ordered to be admitted on regular bail, subject to furnishing requisite bail and

    surety bonds to the satisfaction of the learned Chief Judicial Magistrate

    concerned/Illaqa Magistrate/Duty Magistrate, as the case may be, and further

    subject to the following conditions:-

    1. The petitioner shall not, directly or indirectly, make any
    inducement, threat, or promise to any person acquainted with
    the facts and circumstances of the case so as to dissuade such
    person from disclosing such facts before the Court or to the
    investigating agency.

    2. The petitioner shall not tamper with the prosecution
    evidence in any manner whatsoever, nor shall attempt,
    directly or indirectly, to influence, intimidate, or contact any
    prosecution witness.

    3. The petitioner shall not leave the territorial limits of India
    without obtaining the prior permission of the learned Trial
    Court. In the event he is in possession of a passport, he shall
    furnish its particulars before the Investigating Officer as well
    as the learned Trial Court.

    4. The learned Illaqa Magistrate/Duty Magistrate, before
    accepting the bail and surety bonds, shall obtain from the
    petitioner his permanent residential address as well as present
    correspondence address, duly supported by appropriate
    documentary proof. The Investigating Officer shall verify the
    correctness of the said addresses within 48 hours from the
    acceptance of the bail bonds and shall place a verification
    report on the record. In the event either of the addresses is
    found to be false, fictitious, or incorrect, it shall be open to
    the prosecution to seek cancellation of the concession of bail
    in accordance with law.

    5. The petitioner shall furnish before the learned Trial Court,
    either at the time of furnishing the bail bonds or within such
    period as may be specified by the Court, Permanent Account
    Number (PAN), Aadhaar Number, particulars of all operative
    bank accounts, and a declaration disclosing details of
    immovable properties, if any. Any concealment of material
    KUMUD VERMA
    2026.08.05 16:40
    I attest to the accuracy and
    integrity of this document
    Chandigarh
    CRM-M-42213-2026 7

    particulars or furnishing of false information shall constitute
    a valid ground for seeking cancellation of bail in accordance
    with law.

    6. The petitioner shall intimate the Investigating Officer as
    well as the learned Trial Court, in writing, of any change in
    residential address or mobile number within seven days from
    the date of such change.

    7. The petitioner shall not commit any offence of a similar
    nature during the pendency of the trial and shall remain
    present before the learned Trial Court on each and every date
    fixed, unless his personal appearance is exempted in
    accordance with law. He shall not absent himself from the
    proceedings without obtaining prior permission of the learned
    Trial Court. In the event of any violation of the aforesaid
    conditions or his unauthorized absence from the trial
    proceedings, it shall be open to the learned Trial Court to
    proceed in accordance with law, including cancellation of the
    concession of regular bail and issuance of appropriate
    coercive process, including warrants of arrest.

    (VIRINDER AGGARWAL)
    JUDGE
    05.08.2026
    kv
    Whether speaking/reasoned : Yes/No
    Whether reportable : Yes/No

    KUMUD VERMA
    2026.08.05 16:40
    I attest to the accuracy and
    integrity of this document
    Chandigarh



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