IN THE 105 Gurbhej Singh State of Punjab CORAM : HON'BLE Present :- Mr. Mr. Mr. Mr. ***** VINOD S. BHARDWAJ The Bharatiya Nagarik petitioner in case Sections 103, 190, Section 25 of the Amritsar. 2. The Manpreet Kaur Gurbhej Singh i.e. intoxicants/drugs. to stop Sachin (son as a result whereof, i.e. Gurpreet Singh event he was stopped that thereafter on THE HIGH COURT OF PUNJAB AT CHANDIGARH CRM-M-37036 Date of decision: VERSUS HON'BLE MR. JUSTICE VINOD . P.S. Ahluwalia, Senior Advocate Mr. Jaiveer Singh, Advocate for the Mr. Mohit Kapoor, Sr.DAG, Punjab Mr. B.S. Sewak, Advocate for the complainant. ***** BHARDWAJ, J. (Oral) The instant first petition has been filed Nagarik Suraksha Sanhita, 2023 for case bearing FIR No.130 dated 05.12.2024 190, 61(2), 249, 49 of the Bharatiya the Arms Act, 1959 at Police Station The FIR in the present case was registered wife of Gurpreet Singh @ Peeti i.e. the petitioner herein, used to /drugs. The complainant’s husband Gurpreet son of the petitioner herein) from whereof, he made a WhatsApp call to Singh @ Peeti and threatened him stopped from carrying out the activities. on 05.12.2024, at about 10:50 PM, PUNJAB & HARYANA CHANDIGARH 37036-2025(O&M) decision: 06.05.2026 ...Petitioner ...Respondent VINOD S. BHARDWAJ Advocate assisted by the petitioner. Punjab. complainant. filed under Section 483 of the grant of regular bail to the 05.12.2024 registered under Bharatiya Nyaya Sanhita, 2023 and Station Maqboolpura, District registered on the statement of Peeti. The accused Sachin son of come to their lane for selling Gurpreet Singh @ Peeti tried from carrying out the said trade to Manpreet Kaur’s husband him of dire consequences in the activities. Complainant stated PM, she and her brother-in-law SUMIT SINGH GUSAIN 2026.05.07 11:08 I attest to the accuracy and integrity of this document 2 105 CRM-M-37036-2025(O&M) Harpreet Singh @ Ganja were waiting for her husband outside Gali No.6. When her husband came in his Creta Car outside the house, Sachin alongwith his friends Romi, Gaggu, Honey and 2/3 unidentified persons were already present in another grey coloured Stalac car bearing Registration No.PB-02-BW-1132. Romi and Gaggu, who were holding firearms, started firing gunshots at Gurpreet Singh @ Peeti which hit him and he fell down. Sachin’s father Gurbhej Singh had allegedly provoked the assailants, while sitting in the car to either kill him or else he would come out. It was in the said circumstances, the petitioner herein was nominated as an accused. 3. Learned Senior Counsel appearing on behalf of the petitioner contends that the petitioner surrendered on 05.12.2024 and he has already undergone an actual custody of 01 year and 05 months. The only role attributed to the petitioner is that of being present in the car and exhorting the accused persons to kill Gurpreet Singh @ Peeti. He further contends that even if the narration of events is taken at face value, such exhortation was after the gunshots had already been fired, hence, the said exhortation cannot be said to have instigated the assailants into firing gunshots. It is submitted that notwithstanding that multiple opportunities have been granted to the complainant to make a deposition, however, she has chosen not to appear before the Trial Court. It is further submitted that a report has also been called by this Court about the status of the case whereupon it was informed that despite service, Manpreet Kaur-complainant did not appear for getting her statement recorded. It is further submitted that petitioner has no criminal antecedents and no recovery is to be effected from the petitioner. The SUMIT SINGH GUSAIN 2026.05.07 11:08 I attest to the accuracy and integrity of this document 3 105 CRM-M-37036-2025(O&M) investigation in the present case is already complete and final report already stands submitted. 4. Learned State Counsel as well as counsel for the complainant however contend that the petitioner was present at the spot. Sachin is the son of the petitioner herein and that he used to indulge in the drug trade which was objected to by late Gurpreet Singh @ Peeti. Thus, it was on such objections raised that Sachin as well as the petitioner nurtured a grudge and in order to settle the scores, the incident in question had taken place. The petitioner was not only present there but also exhorted the accused persons to fire gunshots and challenged them that in case they had no guts to do so, he would have to do it himself. Rest of the averments noticed above are however not disputed. 5. I have heard learned counsel appearing on behalf of the respective parties and have gone through the documents appended along with the present petition. 6. Taking into consideration the period of custody already undergone by the petitioner, his clean antecedents, absence of any recovery, the stage of trial as well as the fact that arguable issues would arise with respect to the role of the petitioner and his criminal culpability for the Trial Court, I deem it appropriate to allow the present petition. 7. 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. SUMIT SINGH GUSAIN 2026.05.07 11:08 I attest to the accuracy and integrity of this document 4 105 CRM-M-37036-2025(O&M) 8. 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. 9. 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. 10. Pending application(s), if any, shall stand disposed of. 06.05.2026 (VINOD S. BHARDWAJ) Sumit Gusain JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUMIT SINGH GUSAIN 2026.05.07 11:08 I attest to the accuracy and integrity of this document