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2023 DAILYLAW 4679 (PNJ)

BAJINDER SINGH @ BILLA v. STATE OF PUNJAB

CRM-M/13175/2026 · 2026-03-16

Mandeep Pannu

body2023

Judgment text

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CRM-M-13175- 229 IN THE HIGH COURT OF PUNJAB AND HARYANA Baljinder Singh @ State of Punjab CORAM : HON'BLE MS Present: Mr. Mr. Mr. Mr. MANDEEP PANNU J. 1. This is the first petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in connection with FIR No. 89 dated 26.05.2025, registered under Sections 103, 109, 111, 3(5) and 61(2) of the Bhar 307, 34 and 120 Ghuman, District Gurdaspur. was newly added, whereas Sections 113(1 later on, and Sections 212 and 216 IPC were also added subsequently during the course of investigation. 2. In the present FIR, it has been mentioned that SI Major Singh received information that gangster Baljinder Singh and his accomplice Gurpreet Singh @ Gora were travelling in a white coloured car, when unidentified persons belonging to their rival group came in a black coloured Verna car and both groups allegedly fired at each other. In Gurpreet Singh @ Gora expired at the spot, whereas Baljinder Singh @ Billa, the -2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : @ Billa VERSUS HON'BLE MS. JUSTICE MANDEEP PANNU Mr. R.S.Rai, Sr. Advocate with . Anurag Arora, Advocate . Arjun Rai, Advocate and . Jasmeet Singh Kang, Advocate for the petitioner. -.- MANDEEP PANNU J. (Oral) This is the first petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in connection with FIR No. 89 dated 26.05.2025, registered under Sections 103, 109, 111, 3(5) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 302, 307, 34 and 120-B IPC) and Section 25 of the Arms Act, 1959, at Police Station Ghuman, District Gurdaspur. It has further been mentioned that Section 111 BNS was newly added, whereas Sections 113(1), 249 and 253 of BNS, 2023 were added later on, and Sections 212 and 216 IPC were also added subsequently during the course of investigation. In the present FIR, it has been mentioned that SI Major Singh received information that gangster Baljinder Singh and his accomplice Gurpreet Singh @ Gora were travelling in a white coloured car, when unidentified persons belonging to their rival group came in a black coloured Verna car and both groups allegedly fired at each other. In Gurpreet Singh @ Gora expired at the spot, whereas Baljinder Singh @ Billa, the -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-13175-2026 (O&M) Date of Decision : 16.03.2026 ....Petitioner ....Respondent MANDEEP PANNU , Advocate for the petitioner. This is the first petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in connection with FIR No. 89 dated 26.05.2025, registered under Sections 103, 109, 111, 3(5) atiya Nyaya Sanhita, 2023 (corresponding to Sections 302, B IPC) and Section 25 of the Arms Act, 1959, at Police Station It has further been mentioned that Section 111 BNS ), 249 and 253 of BNS, 2023 were added later on, and Sections 212 and 216 IPC were also added subsequently during the In the present FIR, it has been mentioned that SI Major Singh received information that gangster Baljinder Singh @ Billa, the present petitioner, and his accomplice Gurpreet Singh @ Gora were travelling in a white coloured car, when unidentified persons belonging to their rival group came in a black coloured Verna car and both groups allegedly fired at each other. In the said firing incident, Gurpreet Singh @ Gora expired at the spot, whereas Baljinder Singh @ Billa, the This is the first petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in connection with FIR No. 89 dated 26.05.2025, registered under Sections 103, 109, 111, 3(5) atiya Nyaya Sanhita, 2023 (corresponding to Sections 302, B IPC) and Section 25 of the Arms Act, 1959, at Police Station It has further been mentioned that Section 111 BNS ), 249 and 253 of BNS, 2023 were added later on, and Sections 212 and 216 IPC were also added subsequently during the In the present FIR, it has been mentioned that SI Major Singh @ Billa, the present petitioner, and his accomplice Gurpreet Singh @ Gora were travelling in a white coloured car, when unidentified persons belonging to their rival group came in a black coloured the said firing incident, Gurpreet Singh @ Gora expired at the spot, whereas Baljinder Singh @ Billa, the TRIPTI SAINI 2026.03.16 17:48 I attest to the accuracy and integrity of this document CRM-M-13175- present petitioner, sustained injuries. registered under Sections 103, 109, 111, 3(5) Sanhita, 2023 and Section 25 of the Arms Act, 1959. that the FIR was initially registered with regard to the firing incident involving the rival group who had allegedly fired at the deceased and the present petiti of whom were travelling in the same vehicle. However, the present petitioner has also been arrayed as an accused in the present case along with the other co who allegedly fired upon them. 3. Notice of motion 4. Mr. present bail petition. 5. Mr. Manvinder Singh Sidhu, Advocate has also appeared on behalf of Chamkor Singh, father of the deceased, and has filed power of attorney. Learned counsel has submitted that the petitioner in the pr the occurrence, as he had sustained firearm injuries during the incident. It is further submitted that no cross case has been registered and that the petitioner had not caused the death of the deceased. Rather, the petitio travelling together in the same vehicle when they were attacked by the rival group. Learned counsel has submitted that the father of the deceased has no objection if the petitioner is released on bail. 6. This Court has considered t 7. Surprisingly, the present case has been registered against the petitioner even for the offence of murder along with the other co the material placed on record indicates that the petitioner was travelling in the same vehicle along with the deceased and had himself sustained firearm injuries during the incident. It is also pertinent to note that the present FIR has been -2026 (O&M) present petitioner, sustained injuries. Accordingly, the present FIR came to be er Sections 103, 109, 111, 3(5) Sanhita, 2023 and Section 25 of the Arms Act, 1959. that the FIR was initially registered with regard to the firing incident involving the rival group who had allegedly fired at the deceased and the present petiti of whom were travelling in the same vehicle. However, the present petitioner has also been arrayed as an accused in the present case along with the other co who allegedly fired upon them. Notice of motion. r. H.S.Wadhwa, DAG Punjab, present bail petition. Mr. Manvinder Singh Sidhu, Advocate has also appeared on behalf of Chamkor Singh, father of the deceased, and has filed power of attorney. Learned counsel has submitted that the petitioner in the pr the occurrence, as he had sustained firearm injuries during the incident. It is further submitted that no cross case has been registered and that the petitioner had not caused the death of the deceased. Rather, the petitio travelling together in the same vehicle when they were attacked by the rival group. Learned counsel has submitted that the father of the deceased has no objection if the petitioner is released on bail. This Court has considered the rival submissions. Surprisingly, the present case has been registered against the petitioner even for the offence of murder along with the other co the material placed on record indicates that the petitioner was travelling in the hicle along with the deceased and had himself sustained firearm injuries during the incident. It is also pertinent to note that the present FIR has been -2- Accordingly, the present FIR came to be and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 25 of the Arms Act, 1959. It is relevant to mention here that the FIR was initially registered with regard to the firing incident involving the rival group who had allegedly fired at the deceased and the present petitioner, both of whom were travelling in the same vehicle. However, the present petitioner has also been arrayed as an accused in the present case along with the other co-accused has appeared and contested the Mr. Manvinder Singh Sidhu, Advocate has also appeared on behalf of Chamkor Singh, father of the deceased, and has filed power of attorney. Learned counsel has submitted that the petitioner in the present case is himself a victim of the occurrence, as he had sustained firearm injuries during the incident. It is further submitted that no cross case has been registered and that the petitioner had not caused the death of the deceased. Rather, the petitioner and the deceased were travelling together in the same vehicle when they were attacked by the rival group. Learned counsel has submitted that the father of the deceased has no objection if he rival submissions. Surprisingly, the present case has been registered against the petitioner even for the offence of murder along with the other co-accused, though the material placed on record indicates that the petitioner was travelling in the hicle along with the deceased and had himself sustained firearm injuries during the incident. It is also pertinent to note that the present FIR has been Accordingly, the present FIR came to be tiya Nyaya It is relevant to mention here that the FIR was initially registered with regard to the firing incident involving the oner, both of whom were travelling in the same vehicle. However, the present petitioner has accused has appeared and contested the Mr. Manvinder Singh Sidhu, Advocate has also appeared on behalf of Chamkor Singh, father of the deceased, and has filed power of attorney. Learned esent case is himself a victim of the occurrence, as he had sustained firearm injuries during the incident. It is further submitted that no cross case has been registered and that the petitioner had not ner and the deceased were travelling together in the same vehicle when they were attacked by the rival group. Learned counsel has submitted that the father of the deceased has no objection if Surprisingly, the present case has been registered against the accused, though the material placed on record indicates that the petitioner was travelling in the hicle along with the deceased and had himself sustained firearm injuries during the incident. It is also pertinent to note that the present FIR has been TRIPTI SAINI 2026.03.16 17:48 I attest to the accuracy and integrity of this document CRM-M-13175- registered on the basis of information received by the police and there is no private complainant in th 8. Further, Chamkor Singh, father of the deceased, has appeared through counsel and has submitted that he has no objection if the petitioner is released on bail, as the petitioner was travelling along with the deceased in the same vehicle and had also suffered injuries in the incident, thereby indicating that he was one of the victims of the occurrence. 9. As in Court, the petitioner is stated to be in custody for the last 9 months and 11 days. 10. Keeping in view the above the fact that the petitioner himself sustained firearm injuries in the incident and was travelling in the same vehicle with the deceased, this Court is of the prima facie opinion that the offence under Section 103 BNS (corresponding to Section 302 IPC) does not appear to be attracted against the petitioner at this stage. 11. Without commenting on the merits of the case, the present petition is allowed and the petitioner Baljinder Singh @ Billa is ordered to be released on regular bail, subject to furnishing bail the concerned Trial Court/Duty Magistrate. 12. However, nothi of opinion on the merits of the case. 13. All pending miscellaneous application(s), if any, stands disposed of. March 16, 2026 tripti Whether speaking/non Whether reportable -2026 (O&M) registered on the basis of information received by the police and there is no private complainant in the case. Further, Chamkor Singh, father of the deceased, has appeared through counsel and has submitted that he has no objection if the petitioner is released on bail, as the petitioner was travelling along with the deceased in the same vehicle o suffered injuries in the incident, thereby indicating that he was one of the victims of the occurrence. per the custody certificate, filed he petitioner is stated to be in custody for the last 9 months and 11 days. Keeping in view the above-said facts and circumstances, particularly e fact that the petitioner himself sustained firearm injuries in the incident and was travelling in the same vehicle with the deceased, this Court is of the prima facie opinion that the offence under Section 103 BNS (corresponding to Section not appear to be attracted against the petitioner at this stage. Without commenting on the merits of the case, the present petition is allowed and the petitioner Baljinder Singh @ Billa is ordered to be released on regular bail, subject to furnishing bail bonds and surety bonds to the satisfaction of the concerned Trial Court/Duty Magistrate. However, nothing observed herein shall be construed as an expression of opinion on the merits of the case. All pending miscellaneous application(s), if any, stands disposed of. Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -3- registered on the basis of information received by the police and there is no private Further, Chamkor Singh, father of the deceased, has appeared through counsel and has submitted that he has no objection if the petitioner is released on bail, as the petitioner was travelling along with the deceased in the same vehicle o suffered injuries in the incident, thereby indicating that he was one of d by the learned State counsel, tod he petitioner is stated to be in custody for the last 9 months and 11 days. said facts and circumstances, particularly e fact that the petitioner himself sustained firearm injuries in the incident and was travelling in the same vehicle with the deceased, this Court is of the prima facie opinion that the offence under Section 103 BNS (corresponding to Section not appear to be attracted against the petitioner at this stage. Without commenting on the merits of the case, the present petition is allowed and the petitioner Baljinder Singh @ Billa is ordered to be released on bonds and surety bonds to the satisfaction of ng observed herein shall be construed as an expression All pending miscellaneous application(s), if any, stands disposed of. (MANDEEP PANNU) JUDGE : Speaking : Yes/No registered on the basis of information received by the police and there is no private Further, Chamkor Singh, father of the deceased, has appeared through counsel and has submitted that he has no objection if the petitioner is released on bail, as the petitioner was travelling along with the deceased in the same vehicle o suffered injuries in the incident, thereby indicating that he was one of day he petitioner is stated to be in custody for the last 9 months and 11 days. said facts and circumstances, particularly e fact that the petitioner himself sustained firearm injuries in the incident and was travelling in the same vehicle with the deceased, this Court is of the prima facie opinion that the offence under Section 103 BNS (corresponding to Section Without commenting on the merits of the case, the present petition is allowed and the petitioner Baljinder Singh @ Billa is ordered to be released on bonds and surety bonds to the satisfaction of ng observed herein shall be construed as an expression All pending miscellaneous application(s), if any, stands disposed of. TRIPTI SAINI 2026.03.16 17:48 I attest to the accuracy and integrity of this document