Jatin Munga @ Trendi @ Jatin Moga Vs State of Punjab

The present petition, being the first under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973), has been preferred seeking the concession of regular bail during the pendency of trial in FIR No. 155 dated 27.07.2024, registered under Sections 109, 351(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 307, 506, 148 and 149 of the Indian Penal Code, 1860), along with Section 25 of the Arms Act, 1959, at Police Station Sadar Khanna, District Ludhiana.

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Briefly stated, the prosecution case is that the present FIR came to be registered on the statement of the complainant, Manvir Singh, who alleged that on 27.07.2024, while he, along with his friends, was returning from the volleyball ground of A.S. College, Khanna, they

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GAURAV SOROT 2026.07.15 11:15 I attest to the accuracy and integrity of this document

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CRM-M-24431-2026 (O&M)

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stopped near a water tap within the college premises to drink water. At that juncture, co-accused Ajay Singh and Jatin Moga alias Trendi allegedly arrived at the spot and started abusing them. It is alleged that Jatin Moga took out a pistol and indiscriminately opened fire upon the complainant and his companions with the intention to kill them. Shortly thereafter, coaccused Krishan Sahni alias Laddu, also armed with a pistol, reached the spot and allegedly joined in the firing. One of the gunshots allegedly struck the complainant on his left bicep, while another hit Husan Lal, the college watchman. Upon the alarm being raised, the assailants allegedly fled from the spot in a car in which co-accused Lovedeep Singh alias Lovepreet Singh alias Lovey and Gurpreet Singh alias Jass alias Bachi were already seated. The injured complainant was thereafter taken to the Civil Hospital, Khanna, by his father. As per the Medico-Legal Reports, the complainant sustained two injuries, whereas Husan Lal sustained three injuries.

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2.1. During the course of investigation, accused Ajay Kumar was arrested on 27.07.2024, while co-accused Gurpreet Singh alias Jass alias Bachi and Lovedeep Singh alias Lavi were arrested on 02.08.2024. On the disclosure statement of Gurpreet Singh alias Jass alias Bachi, the car bearing registration No. DL-09-CM-8512, allegedly used in the commission of the offence, was recovered. Subsequently, on 04.08.2024, on the basis of the disclosure statement of the said co-accused, the present petitioner was nominated as an accused and was arrested during the course of investigation. Upon completion of the investigation, the final report under Section 193 BNSS, 2023 was presented before the competent Court.

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CRM-M-24431-2026 (O&M)

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Notice of motion.

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At the very outset, Ms. Navreet Kaur, learned Assistant Advocate General, Punjab, accepts notice on behalf of the respondentState. Learned State counsel has vehemently opposed the prayer for grant of regular bail and has prayed for dismissal of the present petition.

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I have heard learned counsel for the parties at considerable length and have carefully perused the paper book, the custody certificate and the material available on record with their able assistance.

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A perusal of the custody certificate reveals that the applicantpetitioner has remained in judicial custody since 24.09.2024, i.e., for approximately one year and ten months. The investigation stands concluded and the final report has already been presented before the competent Court. The principal allegation attributed to the petitioner is that he fired the gunshot which allegedly struck the complainant on his left bicep. It is, however, not disputed that the injured person has since been discharged from the hospital and is no longer under medical treatment. The trial has yet to make any meaningful progress, and no prosecution witness has been examined till date. It is a settled principle that the right to a speedy trial constitutes an indispensable facet of the guarantee under Article 21 of the Constitution of India, and an undertrial cannot be subjected to prolonged incarceration for an indefinite period when the conclusion of the trial is not likely within a reasonable time. Having regard to the substantial period of custody already undergone by the petitioner, the completion of investigation, the presentation of the challan, and the fact that the trial is likely to consume considerable time before reaching its

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logical conclusion, this Court is of the considered opinion that no useful purpose would be served by further prolonging the petitioner's incarceration pending trial. Accordingly, without expressing any opinion on the merits of the case, the petitioner deserves to be enlarged on regular bail.

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6.1. Consequently, the present petition is allowed . The applicantpetitioner is ordered to be released on regular bail, subject to furnishing adequate bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate concerned/Illaqa Magistrate/Duty Magistrate, as the case may be, and subject further to the following conditions:-

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i. The petitioner(s) 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.

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

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iii. The petitioner(s) shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event any of the petitioner(s) is in possession of a passport, the particulars thereof shall be furnished before the Investigating Officer as well as the learned Trial Court.

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iv. Before accepting the bail and surety bonds, the learned Illaqa Magistrate/Duty Magistrate/C.J.M. concerned shall obtain from the petitioner(s) the permanent residential address as well as the

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present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours of the acceptance of the bail bonds and place a verification report on record. In the event any 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.

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v. The petitioner(s) 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, the 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 particulars or furnishing of false information shall constitute a valid ground for seeking cancellation of the concession of bail in accordance with law.

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vi. The petitioner(s) 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 of such change.

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vii.

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The petitioner(s) 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 personal appearance is exempted in accordance with law. The petitioner(s) shall not absent from the proceedings without obtaining prior permission of the learned Trial Court. In the event of violation of any of the aforesaid conditions or 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

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CRM-M-24431-2026 (O&M)

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concession of bail and issuance of appropriate coercive process, including warrants of arrest.

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In view of the fact that the principal matter stands finally adjudicated, all pending miscellaneous applications, if any, arising out of or ancillary to the present proceedings, shall also stand disposed of accordingly. No separate or further orders are required to be passed in respect thereof.

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14.07.2026 Gaurav Sorot

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( VIRINDER AGGARWAL) JUDGE

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Whether reasoned / speaking? Yes / No Whether reportable? Yes / No

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Jatin Munga @ Trendi @ Jatin Moga v. State of Punjab

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Jatin Munga @ Trendi @ Jatin Moga v. State of Punjab

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