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2024 DAILYLAW 1460 (PNJ)

GURSEWAK SINGH ALIAS GORI ALIAS PETROL v. STATE OF PUNJAB

CRM-M/55231/2025 · 2026-02-06

Manisha Batra

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Judgment text

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CRM-M-55231- IN THE H (224-2) GURSEWAK SIN STATE OF PUNJ CORAM: HON Present: Mr. Mr. R MANISHA BATR 1. The 483 of Bharatiya N of regular bail in under Sections 10 “BNS”) and Secti BNS added later Gurdaspur. 2. Brief petition are that th got recorded by 23.10.2024, he alo -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH  K SINGH @ GORI @ PETROL Versus PUNJAB HON'BLE MRS. JUSTICE MANIS Mr. Sukhbir Maandi, Advocate for th Mr. Roshandeep Singh, AAG, Punjab ****  BATRA, J. (ORAL) The instant petition has been filed atiya Nagarik Suraksha Sanhita, 2023 ail in case arising out of FIR No.13 ons 109, 111, 308 (4) of Bharatiya N Sections 25 and 27 of Arms Act, 195 later on) at Police Station Dera rief fact of the case relevant for th that the aforementioned FIR was regis d by the complainant Randeep Sin he alongwith his assistant Akash wa JAB AND HARYANA AT ARH CRM-M-55231-2025 (O&M) Date of decision : 06.02.2026 ... Petitioner ...Respondent ANISHA BATRA  for the petitioner Punjab by the petitioner under Section , 2023 (for short “BNSS”) for grant 136 dated 23.10.2024 registered tiya Nyaya Sanhita, 2023 (for short ct, 1959 [Section 111(5) and 112 of Dera Baba Nanak, Batala, District for the purpose of disposal of this s registered on the basis of statement ep Singh, alleging therein that on sh was present in his medical store, 2026 oner dent ction grant tered short 2 of strict this ment t on tore, AMIT SHARMA 2026.02.06 16:48 I attest to the accuracy and integrity of this order/judgment. CRM-M-55231- when one youth re the complainant re the complainant, clamour and on he assailant fled awa initiated. During accused Anmoldee the victim and aft the above said a motorbike to the a under Section 11 Singh was nomin suffered by accus interrogation, he present petitioner alongwith the co asking of the accu 05.11.2024. After which recovery of been effected fro completed and he aforementioned of 3. It is a falsely implicated -2025 (O&M) 2 outh reached there and gave him a sig nant reached near him, he took out a p inant, thereby injuring his left thig on hearing the same, his brother rush d away. After registration of FIR, in During investigation, a secret inform moldeep Singh was the person who h nd after the occurrence, co-accused M said accused alongwith her husban o the accused and they were fully awa on 111(5) of BNS was added. Dur nominated as an accused on the bas accused Anmoldeep Singh. He was n, he too suffered disclosure stateme tioner was nominated as additional acc he co-accused had conducted the rec e accused Jiwan Fauji and others. After his arrest, he too suffered disclo ery of the motorbike used for the pur ed from his conscious possession. nd he alongwith the co-accused is f offences. It is argued by learned counsel for t licated in this case on the basis of di a signal to come to him and when out a pistol and fired a shot towards ft thigh. The complainant raised er rushed for his rescue and then the FIR, investigation proceedings were information was received that the who had made an attempt to murder used Manjit Kaur, who is mother of husband had provided shelter and ly aware about the incident. Offence . During investigation, Akashdeep e basis of the disclosure statement e was arrested on 04.11.2024. On tatement on the basis of which the nal accused on the allegations that he he recce of the complainant on the The petitioner was arrested on disclosure statement on the basis of purpose of conducting recce had ession. Investigation now stands d is facing trial for commission of l for the petitioner that he has been s of disclosure statement of the co- hen ards aised n the were the urder er of and ence deep ment On the at he the d on is of had tands n of been - AMIT SHARMA 2026.02.06 16:48 I attest to the accuracy and integrity of this order/judgment. CRM-M-55231- accused which ca custody for a perio against whom sim benefit of bail. On involvement in ot benefit of bail to h custody anymore. 4. Per co a member of an o Fauji had conduct used for the purp involved in runni chances of intimid absconding, if ext not deserve to be 5. This considerable lengt 6. The p headed by accused allegations, that h before attempt to 05.11.2024. Trial be served by det -2025 (O&M) 3 ich cannot be considered to be adm a period of 01 year, 02 months and 28 m similar allegations have been level ail. On parity, he too deserves to be e t in other cases cannot be considere ail to him. No useful purpose would more. It is, therefore, argued that the p Per contra, learned State counsel has f an organized gang and on the aski onducted the recce of the complainan e purpose of conducting recce. He a running extortion gang. He is a intimidating the complainant and othe if extended benefit of bail. It is thus to be allowed. This Court has heard the learned e length. The petitioner is alleged to be a mem ccused Jeewan @ Fauji, who is state that he had done recce of the compla pt to kill him with the co-accuse Trial is likely to take considerable ti y detaining the petitioner in custod admissible in evidence. He is in and 28 days. Most of the co-accused leveled has already been extended o be extended the same benefit. His sidered to be a reason for denying ould be served by detaining him in at the petition deserve to be allowed. el has argued that the petitioner was e asking of the co-accused Jeewan lainant and has arranged motorbike He alongwith the co-accused was is a habitual offender. There are d other material witnesses and also is thus, argued that the petition does earned counsel for the parties at a member of a gang of extortionists s stated to be in custody, as per the omplainant and arranged motorbike accused. He is in custody since able time. No useful purpose would custody anymore. The co-accused is in used nded is ying m in was ewan rbike was are also does s at s r the rbike since ould used AMIT SHARMA 2026.02.06 16:48 I attest to the accuracy and integrity of this order/judgment. CRM-M-55231- against whom sim concession of bail as levelled against fact that the trial w bail, this Court is released on bail. ordered to be rele bonds to the Magistrate/Duty M 7. In the petitioner, it shal application seekin 8. It is, shall not be constr shall not influence 9. Since any, is rendered in 06.02.2026 Amit Sharma    -2025 (O&M) 4 m similar allegations have been leve of bail by this Court. Keeping in view gainst the petitioner, the period of his trial would take time as well as the ourt is of the considered opinion that bail. Accordingly, the petition is be released on bail, subject to his fu the satisfaction of the learned uty Magistrate concerned. In the event of there being any FIR t shall be open to the respondent to seeking cancellation of bail. It is, however, clarified that the ob construed as an expression of opinion luence the outcome of the trial. Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes    levelled, have already been granted in view the nature of the allegations of his incarceration coupled with the s the co-accused have been granted n that the petitioner deserves to be on is allowed and the petitioner is his furnishing personal and surety arned trial Court/Chief Judicial y FIR/complaint lodged against the dent to seek redressal by filing an the observations made hereinabove pinion on the merits of the case and een allowed, pending application, if (MANISHA BATRA) SJUDGE Yes/No  nted tions h the nted to be er is urety icial t the g an bove and n, if AMIT SHARMA 2026.02.06 16:48 I attest to the accuracy and integrity of this order/judgment.