CRM-M-73642- IN THE H (129) MALKEET SING STATE OF PUNJ CORAM: HON Present: Mr. Ms. R MANISHA BATR 1. The Section 483 of Bh for grant of regul registered under S (Section 379(b)(2 Lines, District Pol 2. The statement got reco 27.10.2023, he alo Jagran at Dayanan -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH
SINGH @ SAMAR Versus
PUNJAB HON'BLE MRS. JUSTICE MANIS Akhilesh Vyas, Advocate for the Ms. Ruchika Sabherwal, Sr. DAG, Pu ****
BATRA, J. (ORAL)
The instant petition has been prefe of Bharatiya Nagarik Suraksha Sanh regular bail in case arising out of F nder Sections 302, 34 of IPC and Se 9(b)(2) and 120B of IPC added late ict Police Commissionerate Amritsar. The aforementioned FIR was reg ot recorded by the complainant Avin he alongwith his friend Rakesh Kum ayanand Nagar, Fatehgarh Churian R JAB AND HARYANA AT ARH CRM-M-73642-2025 (O&M) Date of decision : 10.03.2026 ... Petitioner ...Respondent ANISHA BATRA
or the petitioner G, Punjab preferred by the petitioner under a Sanhita, 2023 (for short “BNSS”) ut of FIR No.217 dated 28.10.2023 nd Section 25 and 27 of Arms Act ed later on) at Police Station Civil ritsar. registered on the basis of the t Avinash Malhotra alleging that on h Kumar was going to attend some rian Road on the Activa vehicle of M) 2026 oner
dent
nder ) 2023 Act Civil the at on some le of AMIT SHARMA 2026.03.10 16:46 I attest to the accuracy and integrity of this order/judgment. CRM-M-73642- Rakesh Kumar. H with him. When by 03 youths who rider pounced ove complainant raise weapon which he Rakesh Kumar wh raised by the com away. The victim to the fire arm inju initiated. One em occurrence. Post was recovered fro his supplementary the victim was in h they had got fue given by the victim 3. As pe Suraj and Danish No.216 dated 28. suffered disclosure case and were no investigation, the -2025 (O&M) 2 ar. He was the pillion rider and was hen they reached near Anand Avenu s who came riding on a motorbike fr ed over the bag of the complainant t raised alarm but the driver of the m ich he was carrying in his right hand. ar who had fallen down with the Acti e complainant, some persons had reac victim Rakesh Kumar was rushed to th rm injury. After registration of FIR, i ne empty cartridge case .32 bore wa Post-mortem of the dead body was ed from the same. During investigat entary statement to the effect that at as in his bag which was snatched by t t fuel filled in their Activa vehicle an victim to him. As per the further allegations, the acc anish Gill, who were arrested in s ed 28.10.2023 registered at Police S closure statements on 03.11.2023 adm ere nominated as accused in this ca n, the accused Suraj suffered disclosu d was carrying a black coloured bag Avenue Turn, they were intercepted bike from the backside. The pillion inant and snatched the same. The f the motorbike fired a shot with a hand. The bullet hit his companion e Activa vehicle. On clamour being d reached there. The assailants fled d to the hospital but had succumbed FIR, investigation proceedings were ore was recovered from the spot of was conducted and one lead bullet estigation, the complainant recorded hat at time of incident, the wallet of y the assailants since on the way icle and at that time, the wallet was the accused Rajinder Singh @ Ashu, in some other case bearing FIR olice Station Civil Lines, Amritsar 3 admitting their involvement in this this case. After being joined into isclosure statement wherein besides bag pted illion The ith a nion eing fled bed were ot of ullet rded et of way was shu, FIR ritsar this into sides AMIT SHARMA 2026.03.10 16:46 I attest to the accuracy and integrity of this order/judgment. CRM-M-73642- admitting his invo in commission of petitioner and one them, that he alon the subject offence No.216 dated 28.1 Cylinder were no Malhotra identifie He also identified accused. The peti custody in some Station Civil Line issuance of produc They were interro provided by them Section 379(b)(2) were added. Inve the co-accused are 4. It is falsely implicated accused Suraj wh only role that has accused Suraj. Th -2025 (O&M) 3 is involvement in this case, he disclos ion of murder of the victim had been ne Sarabjit Singh @ Sonu Cylind e alongwith the co-accused Rajinder S offence. The said pistol already stood d 28.10.2023. The petitioner and co- nominated as additional accused entified the accused Rajinder Singh @ ntified the wallet of the deceased whic e petitioner and co-accused Sarabjit S some other case bearing FIR No.184 l Lines, Amritsar, their presence was roduction warrants and they were for interrogated and admitted that one them to accused Suraj who had asked (b)(2) read with Section 120B of IPC a . Investigation now stands completed ed are facing trial for the commission It is argued by learned counsel for t licated in this case on the basis of th raj which cannot be considered to be at has been attributed to him is of j. There is no allegation that he had isclosed that the pistol used by him d been given to him by the present ylinder and it was on the asking of inder Singh @ Ashu had committed stood recovered in case bearing FIR -accused Sarabjit Singh @ Sonu ccused. The complainant Avinash ngh @ Ashu, Suraj and Danish Gill. d which was recovered from the co- abjit Singh @ Sonu Cylinder were in o.184 of 2023 registered at Police e was secured in this case by way of ere formally arrested on 09.11.2023. t one countrymade pistol had been asked for the same. Offences under f IPC and Section 29(2) of Arms Act pleted and the petitioner alongwith ission of aforementioned offences. l for the petitioner that he has been s of the disclosure statement of co- to be admissible in evidence. The is of supplying a pistol to the co- e had any hand in the murder of the him esent g of itted FIR Sonu inash Gill. - re in olice ay of 023. been nder s Act with been - The - f the AMIT SHARMA 2026.03.10 16:46 I attest to the accuracy and integrity of this order/judgment. CRM-M-73642- victim. The com identified the co- assailants. He had in custody since l further incarcerati other two cases ca to him. The co benefit of bail. On therefore, argued t 5. Per c against the petitio used by the co-acc the victim Rakesh Suraj had disclose direction of the pr allegations, it is benefit of bail. 6. This C for the parties at co 7. The Suraj. The same p subject offences b -2025 (O&M) 4 e complainant Avinash Malhotra alre -accused Suraj, Rajinder Singh @ He had not uttered anything against th since long. The trial will take consid rceration would not serve any useful ases cannot be considered to be a reas e co-accused Suraj and Danish Gill ail. On parity, he too deserves to be ex gued that the petition deserves to be al Per contra, learned State counsel ha petitioner are quite serious in nature, accused Suraj in commission of off akesh, while snatching the bag of the isclosed that the subject offences we the present petitioner. Taking into co it is argued that the petitioner does This Court has heard the rival submis at considerable length. The petitioner is alleged to have prov same pistol had allegedly been used at nces by the above-said accused, who h ra already stands examined and had ingh @ Ashu and Danish Gill as the inst the petitioner. The petitioner is considerable time to conclude. His useful purpose. His involvement in a reason for denying benefit of bail h Gill have already been extended o be extended the same benefit. It is, o be allowed. nsel has argued that the allegations ature, as he had provided the pistol of offence of committing murder of of the complainant. The co-accused ces were committed by him on the into consideration the gravity of the r does not deserve to be extended ubmissions made by learned counsel e provided a pistol to the co-accused sed at the time of commission of the who had fired a shot with the same, had s the er is His nt in bail nded It is, tions istol er of used the f the nded unsel used f the ame, AMIT SHARMA 2026.03.10 16:46 I attest to the accuracy and integrity of this order/judgment. CRM-M-73642- thereby causing h has been recovere not named in the disclosure stateme record copy of sw reveals that he did the allegations, th petitioner and t committed alongw however, at this st had any motive to were committed b Ashu. The role a facilitating supply act and as such it be established bet rests on the disclo is that of a condu which is a distinc punishable under S is serious, howev material against th nature of evidenc -2025 (O&M) 5 sing homicidal death of the victim-Ra covered at the instance of the co-acc in the FIR and has been involved in tatement of the co-accused Suraj. of sworn deposition of the complai he did not say anything about the pres ns, the accused Suraj disclosed that i nd the pistol being provided to hi alongwith the co-accused Danish Gill this stage, there is no material on rec tive to get the victim killed or it was a itted by the co-accused Suraj, Danis role attributed to the petitioner prima supply of a fire arm and no commiss uch it is distinct from the offence of m ed between the petitioner and the act disclosure statement of the co-accused conduit or a facilitator in the purpor istinct and remote offence from the d under Section 302 of IPC. This Court however, in present purposes, the inst the petitioner justifies continued vidence and the progress of the tria Rakesh Kumar. The said pistol accused only. The petitioner was ved in this case on the basis of the raj. The petitioner has placed on mplainant. A perusal of the same he present petitioner. Though as per that it was on asking of the present to him, the occurrence had been h Gill and Rajinder Singh @ Ashu, on record to show that the petitioner was at his instance that the offences Danish Gill and Rajinder Singh @ prima facie appears to be limited to mmission of the principal homicidal ce of murder. The linkage sought to the act of supply of arms, primarily ccused and circumstantial inferences purported procurement of fire arms the direct commission of offences Court is conscious that the provision , the Court must test whether the tinued pre-trial incarceration bearing he trial. Since the case against the istol was f the d on e s per esent been shu, ioner nces h @ ed to cidal ht to arily nces arms nces ision r the aring t the AMIT SHARMA 2026.03.10 16:46 I attest to the accuracy and integrity of this order/judgment. CRM-M-73642- petitioner rests on left for trial whet applied rigorously conclusion of the witnesses have be particularly the lim considered opinion the ends of justic ordered to be relea bonds to the satisf 8. It is, be construed as an and shall not influ 9. Since any, is rendered in 10.03.2026 Amit Sharma -2025 (O&M) 6 sts on disclosure statement of the co l whether the burden of proof and s orously. The petitioner is in custod of the trial in the near future are b ave been examined so far. In view the limited role is prescribed to the p pinion that the continued detention of justice. Accordingly, the petition is e released on bail subject to his furnis satisfaction of learned trial Court/CJM It is, however, clarified that the obse d as an expression of opinion of this C t influence the outcome of the trial in a Since the main petition has been al ered infructuous. (MA Whether speaking/reasoned:- Yes
  
the co-accused, this is a matter best and standard of evidence shall be custody since 11.11.2023 and the are bleak as only 05 prosecution view of the foregoing discussion, o the petitioner, this Court is of the tion of the petitioner would not serve ion is allowed and the petitioner is furnishing personal as well as surety rt/CJM/Duty Magistrate concerned e observations made above shall not this Court on the merits of the case ial in any manner.
allowed pending application, if (MANISHA BATRA) JUDGE
Yes/No
best ll be the ution sion, f the serve er is urety l not case n, if AMIT SHARMA 2026.03.10 16:46 I attest to the accuracy and integrity of this order/judgment.