IN THE 207 Gurwinder Singh State of Punjab CORAM : HON'BLE Present :- Mr. for Ms. Mr. for ***** VINOD S. BHARDWAJ The Bharatiya Nagarik petitioner in case Sections 302, 307, Police Station Balianwali, 2. The Jarman Singh, which “….I work. Bhagsar Village along days Kaur Jaswinder Jagmohan Rampura land consequences will THE HIGH COURT OF PUNJAB AT CHANDIGARH CRM-M-50936 Date of decision: Singh @ Billa @ Babbu VERSUS HON'BLE MR. JUSTICE VINOD Mr. Abhinav Gupta and Mr. Jatinder the petitioner. Ms. Savi Nagpal, AAG, Punjab. Mr. Satish Kumar for Mr. Sukhdev the complainant. ***** BHARDWAJ, J. (Oral) The instant first petition has been filed Nagarik Suraksha Sanhita, 2023 for case bearing FIR No.77 dated 307, 323, 148, 149 & 120-B of the Balianwali, District Bathinda. The FIR in the present case has been which reads thus:- “….I am a resident of the said address work. My uncle Gurmeet Singh S/o Bhagsar District Fazilka has purchased Village Mandi Khurd, District Bathinda along with my uncle Gurmeet Singh days ago I and my uncle Gurmeet Kaur had also gone to visit the land Jaswinder Singh S/O Mukand Singh Jagmohan Singh, Jaswinder Singh's Rampura had also come to the land who land is of two acres and you leave consequences will not be good. If you will not let you go dry and enter this PUNJAB & HARYANA CHANDIGARH 50936-2025(O&M) decision: 03.02.2026 ...Petitioner ...Respondent VINOD S. BHARDWAJ Kumar Kansal, Advocates Singh, Advocate filed under Section 483 of the grant of regular bail to the 10.09.2023 registered under the Indian Penal Code, 1860 at registered on the statement of address and am doing agricultural S/o Kashmir Singh resident of purchased four acres of land at Bathinda since many years where I Singh go to visit the land. Many Singh and my aunt Paramjit land at Mandi Khurd where Singh of Mandi Khurd and his son Singh's brother in law resident of who started telling us that our leave our land otherwise the you enter this land in future, we land after thinking about this. SUMIT SINGH GUSAIN 2026.02.04 10:27 I attest to the accuracy and integrity of this document 2 207 CRM-M-50936-2025(O&M) They left the land threateningly by saying these words. Today 1, my uncle Gurmeet Singh, my aunt Paramjit Kaur and my aunt Kuljeet Kaur W/o Makhtoor Singh resident of Shamsa Bhatti Sirsa and my uncle's friend Princepal Singh S/o Malik Dutta resident of Dhani 400 Sirsa had come to visit the land at village Mandi Khurd, where we were cutting down the white Safeda trees in the land by organizing the labor, then it was around 12.40 a.m. then from the side of village of Kuttiwal, a white Bolero car and three motorcycles with two persons on each were seen coming who were carrying Handpump handles, Gandasis, Rods and Swords and six seven persons came out of Bolero Car who immediately after coming out started beating my aunts Paramjit Kaur and Kuljit Kaur with their weapons, so I and my uncle Gurmeet Singh and Princepal who were standing in the field nearby, we ran to rescue them and saw that among these people Jaswinder Singh S/O Mukand Singh who was holding a rod, his son Jagmohan Singh who had a sword residents of Mandi Khurd and Jaswinder Singh's brother in law resident of Rampura who had a handpump handle, then in front of us, Jaswinder Singh hit my aunt Paramjit Kaur with the rod he was holding in his hand with force, and the other persons also caused many injuries with their weapons. While we were rescuing, Jagmohan Singh with his sword hit my uncle Gurmeet Singh with sharp side above his left eye and Jaswinder Singh hit many times with his rod on both legs below the knees and my uncle fell on the ground, then Jaswinder Singh and his son Jagmohan Singh and the rest of their companions caused injuries with their weapons with the intention to kill and my aunt Paramjit Kaur was also seriously injured in the head and other parts of the body with the intention to kill. After hearing the noise Nirmal Singh S/O Gurcharan Singh, Balwant Singh S/O Mukhtiar Singh and Balkar Singh S/O Harbans Singh came and they and us shouted don't kill don't kill and while they were going caused injuries with weapons to Balkar Singh resident of Mandi Khurd. This fight is a result of conspiracy and connivance of Boota Singh former Panch resident of Mandi Khurd. Boota Singh has complete involvement in this fight. After the fight all these SUMIT SINGH GUSAIN 2026.02.04 10:27 I attest to the accuracy and integrity of this document 3 207 CRM-M-50936-2025(O&M) persons along with their weapons on motorcycles and Bolero car whose number was PB 03 BE 0651 was read and fled towards Kuttiwal village. I and Princepal, Nirmal Singh and Balwant Singh put Gurmeet Singh, Paramjit Kaur, Kuljit Kaur and Balkar Singh in the vehicles and admitted them to the Government Hospital Bathinda where during the treatment my uncle Gurmeet Singh died due to serious injuries. My aunts Paramjit Kaur and Kuljit Kaur were referred to better hospital for treatment. The said person in conspiracy with each other and with weapons caused serious injuries with intention to kill in which Gurmeet Singh died during treatment. My aunt Paramjit Kaur was seriously injured with the intention to kill and Kuljit Kaur and Balkar Singh were badly injured. Cause of enmity is that my uncle Gurmeet Singh had purchased land at village MandiKhurd which Jaswinder Singh and his son Jagmohan Singh wanted to occupy this land by force. My uncle Gurmeet Singh and the rest of the family, were opposed to it. Because of this enmity, all these persons have after conspiring have caused serious injuries and killed Gurmeet Singh by causing injuries. Strict legal action should be taken against them." 3. Learned counsel appearing on behalf of the petitioner contends that the petitioner has been falsely implicated in the present case. It is contended that there is an inordinate delay of 13 days in nominating the petitioner as an accused, inasmuch as he was neither named in the FIR nor attributed any specific role or injury at the initial stage. The petitioner came to be implicated only on the basis of a supplementary statement of the complainant recorded on 23.09.2025. He further contends that even though recovery of a ‘dang’ has been effected from the petitioner, however, in the absence of the petitioner having been alleged to have caused any injury whatsoever to the deceased-Gurmeet Singh, the recovery of the said ‘lathi/dang’ is inconsequential. The substratum of allegations thus, at best, would be confined to mere presence of the petitioner at the spot when the SUMIT SINGH GUSAIN 2026.02.04 10:27 I attest to the accuracy and integrity of this document 4 207 CRM-M-50936-2025(O&M) incident in question took place resulting in eventual death of Gurmeet Singh. It is contended that even as per the eye-witness account, the complainant has named Billa @ Babbu son of Surjeet Singh, whereas the petitioner is Gurwinder Singh @ Billa, son of Baldev Singh. He further contends that co- accused Boota Singh and Pargat Singh have already been granted the concession of anticipatory bail in the present FIR and the petitioner is entitled to the benefit of parity. 4. Mr. Satish Kumar for Mr. Sukhdev Singh, Advocate appears on behalf of the complainant and files his Vakalatnama, which is taken on record. Registry is directed to do the needful. 5. Learned State Counsel, as well as counsel appearing for the complainant, submit that the petitioner has a criminal history and was specifically named by the complainant in the present case. They, however, do not dispute that no specific role or injury has been attributed to the petitioner. It is contended that the petitioner was nevertheless a member of an unlawful assembly which had assembled at the spot with the intent of taking forcible possession of the land. It is further not disputed that the petitioner has been in custody since 13.09.2024 and has already undergone an actual custody of more than 01 year and 04 months. Further, it also remains undisputed that even though 33 witnesses have been cited by the prosecution, 01 witness has been given up and the remaining witnesses are yet to be examined, indicating that the trial is likely to take considerable time to conclude. 6. I have heard learned counsel appearing on behalf of the respective parties and have gone through the documents appended along with the present petition. 7. Taking into consideration the period of custody already undergone by the petitioner, the absence of any specific role or overt act SUMIT SINGH GUSAIN 2026.02.04 10:27 I attest to the accuracy and integrity of this document 5 207 CRM-M-50936-2025(O&M) attributed to him as well as the present stage of the trial, I deem it appropriate to allow the present petition. 8. The instant petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing requisite bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate, concerned. 9. It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or indirectly. 10. The observation made hereinabove shall not be construed as an expression on the merits of the case and the Trial Court shall decide the case on the basis of available material. 11. Pending application(s), if any, shall stand disposed of. 03.02.2026 (VINOD S. BHARDWAJ) Sumit Gusain JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUMIT SINGH GUSAIN 2026.02.04 10:27 I attest to the accuracy and integrity of this document