CRM-M-46950- IN THE H (111-2) JASHANDEEP S STATE OF PUNJ CORAM: HON Present: Mr. Ms. S MANISHA BATR 1. The i Section 483 of Bh for grant of regul registered under S IPC added later o Station Kotwali, B by this Court on 15 2. The statement got re 08.08.2023 allegin -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH
EEP SINGH @ HASNI Versus
PUNJAB HON'BLE MRS. JUSTICE MANIS P.K.S. Phoolka, Advocate for the Ms. Sakshi Bakshi, AAG, Punjab ****
BATRA, J. (ORAL)
The instant one is the second petition of Bharatiya Nagarik Suraksha Sanh regular bail in case arising out of F nder Section 307, 324, 325, 323, 148 a later on and Section 307 and 325 of I wali, Bathinda. His previous petition rt on 15.01.2025. The aforementioned FIR was reg ot recorded by the complainant J alleging that the accused Sahil Khan JAB AND HARYANA AT ARH CRM-M-46950-2025 (O&M) Date of decision : 26.02.2026 ... Petitioner ...Respondent ANISHA BATRA
for the petitioner petition filed by the petitioner under a Sanhita, 2023 (for short “BNSS”) ut of FIR No.145 dated 08.08.2023 , 148 and 149 of IPC (Section 302 of 5 of IPC deleted later on) at Police etition was dismissed as withdrawn registered on the basis of the ant Jashan Chahil @ Jashan on Khan was having an evil eye on the M) 2026 oner
dent
nder ) 2023 02 of olice rawn the on n the AMIT SHARMA 2026.02.27 15:58 I attest to the accuracy and integrity of this order/judgment. CRM-M-46950- wife of victim La altercations had ta Sahil in this conte victim and on his companions had g motorbike of the they were present Aman @ Jashni, (P) (name withhel armed with weapo exhortation by say accused Karan @ Lakhwinder Singh Lakhwinder Singh the person of the v his rescue but accu blows on him and accused. The cla persons and then hospital. Initially Section 149 of IPC and Sahil Khan statement admittin pump handle used -2025 (O&M) 2 tim Lakhwinder Singh @ Lakha @ B had taken place between the victim L context. On 07.08.2023, the accused on his asking, the complainant alongw had gone to Hira Chowk, Bathinda on f the victim and Channi respectively resent at the spot, the accused Sahil shni, Bittal @ Aman, Child-in-Confl ithheld), Karan @ Mota and 3-4 un weapons and raising exhortation. The by saying that complainant and others ran @ Mota, Sahil and others opene Singh @ Lakha by causing injuries w Singh had fallen down. Injuries were f the victim while he was lying down ut accused Sam @ Satkar Singh, Bitta m and he too sustained injuries on hi he clamour raised by the victim an then the assailants fled from the s itially a case under Sections 307, 323 of IPC was registered. The accused S Khan were arrested. Accused Sah dmitting his involvement in the crime e used by him in causing injuries to the a @ Brown Gill and several times, ctim Lakhwinder Singh and accused ccused Sahil gave a challenge to the alongwith the victim and some other nda on the Activa vehicle and Bullet ctively. At about 08:45 PM, when Sahil Khan, Sam @ Satkar Singh, Conflict with Law (for short CCL) 4 unknown persons reached there, n. The accused Sahil Khan made an others should not be spared and then opened an attack upon the victim juries with their respective weapons. s were inflicted by the co-accused on down. The complainant rushed for , Bittal @ Aman and CCL (P) struck on his head at the hands of the co- im and complainant attracted other the spot. They were admitted to 7, 323, 324, 325 and 148 read with used Satkar Singh @ Sam, CCL (P) d Sahil Khan suffered disclosure crime and got recovered one hand- s to the victim. mes, used o the other ullet hen ingh, CL) here, e an then ictim pons. d on d for truck - other d to with L (P) sure - AMIT SHARMA 2026.02.27 15:58 I attest to the accuracy and integrity of this order/judgment. CRM-M-46950- 3. As pe on 16.08.2023. O Mota was arreste admitting his invo by him. On 13 statement on the additional accuse recovered a Kapp concluded. 4. It is a falsely implicated act or injury has extended benefit o benefit. Each day seek concession o further incarceratio that the petition de 5. Per c petition being the specific allegation had been attribut unlawful assembly leading to death o -2025 (O&M) 3 As per the further allegations, the vic 23. Offence under Section 302 of IP arrested on 12.10.2023. He too s is involvement in the crime and got re On 13.10.2023, the complainant go n the basis of which the present accused and was arrested on 12.1 appa used at the time of occurren It is argued by learned counsel for t icated in this case. He was not named y has been attributed to him. CCL nefit of bail. On parity, he too dese ch day spent by him in custody has fu sion of bail. The trial will take consi rceration would not serve any fruitful p tion deserve to be allowed. Per contra, learned State counsel g the successive petition is not mainta gations against the petitioner as specif ttributed to him. He alongwith th sembly and was an active participant eath of the victim Lakhwinder Singh the victim succumbed to the injuries 2 of IPC was also added. Karan @ too suffered disclosure statement got recovered one baseball bat used ant got recorded a supplementary esent petitioner was nominated as 12.12.2023. The petitioner got currence. Investigation now stands l for the petitioner that he has been named in the FIR. No specific overt CCL “O” and CCL “P”, have been o deserves to be extended the same has furnished him a new ground to considerable time to conclude. His uitful purpose. It is, therefore, argued unsel has argued that the present maintainable. There are serious and specific weapon used in the offence ith the co-accused had formed an ipant of the said unlawful assembly Singh and sustaining of injuries by uries n @ ment used ntary d as got tands been overt been same nd to His gued esent s and ence d an mbly s by AMIT SHARMA 2026.02.27 15:58 I attest to the accuracy and integrity of this order/judgment. CRM-M-46950- the complainant. there would be an not clean. He alo incident. There a extended benefit deserve to be allow 6. This considerable lengt 7. The p with the co-accuse have voluntarily c victim thereby ca injuries to the com with the aid of Sec that there must be by any member o assembly or eithe committed. The al in the occurrence committed in pro petitioner are serio heinous crime pun length of incarcera -2025 (O&M) 4 nant. The trial has commenced and th be any undue delay in conclusion of He alongwith the co-accused is seen here are chances of his absconding or enefit of bail. It is, therefore, argu e allowed. This Court has heard the rival subm e length. The petitioner by forming members accused and in prosecution of commo arily caused simple as well as grievou by causing homicidal death of the v he complainant. The petitioner has be of Section 149 of IPC. The essential ust be an unlawful assembly and offen ber of the assembly in prosecution either of the member must know tha The allegations prima facie show his c rence while having knowledge that su in prosecution of common object. e serious in nature as he along with c e punishable with capital punishmen carceration is a factor that weighs with and there is no material to show that on of the same. His antecedents are en in the CCTV footage of the ing or intimidating the witnesses, if , argued that the petition does not submissions made by the parties at mbership of an unlawful assembly common object thereof, is alleged to rievous injuries on the person of the f the victim Lakhwinder Singh and has been linked to the acts attributed sential ingredients of this offence are d offence must have been committed ution of the common object of the ow that such offence is likely to be w his clear involvement/participation that such offences were likely to be ject. The allegations against the with co-accused stands accused of a shment or life imprisonment. While s with the Court in considering bail, that s are f the es, if not es at mbly ed to f the and uted e are itted f the to be ation to be t the of a hile bail, AMIT SHARMA 2026.02.27 15:58 I attest to the accuracy and integrity of this order/judgment. CRM-M-46950- it cannot overshad 302 IPC. The pr mainly on the gro law is that mere p take time by itself grounds for enlarg Reference in this Kumar Saxena V Yadav Vs. State of Amaramani Tripa proposition of law denied based on sp any exhaustive pa bail. The factors accusations entail are to be seen. Th or threatening th prosecution shoul genuineness that h petitioner is not en by him in custody of sentence for w circumstances of -2025 (O&M) 5 ershadow the seriousness of the accus The present petition has been filed b he ground of his prolonged custody. T ere prolonged period of custody or th itself or coupled with the period of i enlarging an accused on bail, when n this context can be had to the o na Vs. UOI, 2008(63) ACC (SC) te of Maharashtra, (2007) 1 SCC, 2 Tripathi, 2005(4) RCR (Criminal) 2 of law that grant of bail is a discret d on specific facts and circumstance of tive parameters set out for considerin ctors such as nature of accusations, entail a conviction and nature of evid en. That apart, reasonable apprehensio ing the material witnesses is also t should always be considered, and that has to be considered in the matte not entitled to be released on bail only ustody. Keeping in view the gravity o for which the conviction may entai es of the case but without meaning t accusation of murder under Section filed by the petitioner seeking bail tody. The well settled proposition of y or the fact that the trial is likely to od of incarceration are not sufficient when the offence alleged is serious. the observations made in Parmod (SC), Chenna Boyanna Krishna C, 242 and State through CBI Vs. al) 280(SC). It is also well-settled discretionary relief to be granted or nce of each case and there cannot be sidering the application for grant of tions, severity of punishment if the f evidence in support of accusations hension of tampering with evidence also to be weighed. Frivolity of d, and it is only the element of matter of grant of bail. As such, the il only on the ground of period spent avity of the allegations, the quantum entail and the attendant facts and aning to make any comment on the ction bail n of ly to cient ious. od na Vs. ttled d or ot be nt of f the tions ence y of t of , the spent ntum and n the AMIT SHARMA 2026.02.27 15:58 I attest to the accuracy and integrity of this order/judgment. CRM-M-46950- merits thereof, I a to be allowed. Ac 8. Since any, is rendered in 26.02.2026 Amit Sharma -2025 (O&M) 6 of, I am of the considered opinion tha d. Accordingly, the same is dismissed Since the main petition has been dism ered infructuous. (MA Whether speaking/reasoned:- Yes
  
on that the petition does not deserve missed. en dismissed, pending application, if (MANISHA BATRA)
Yes/No
serve n, if AMIT SHARMA 2026.02.27 15:58 I attest to the accuracy and integrity of this order/judgment.