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2025 DAILYLAW 10698 (PNJ)

AKASHDEEP SINGH v. STATE OF PUNJAB

CRM-M/829/2025 · 2025-05-26

Sanjiv Berry

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-829-2025 Reserved on 20.05.2025 Pronounced on : 26.05.2025 AKASHDEEP SINGH ... Petitioner Versus STATE OF PUNJAB ... Respondent CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY. Present:- Mr. S.S.Cheema, Advocate, for the petitioner. Mr. Jatinder Pal Singh, Sr. DAG, Punjab. ***** SANJIV BERRY, J.(ORAL) The instant petition has been preferred by the petitioners under 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail in the following case (Annexure P-1):- FIR No. Dated Sections Police Station 153 27.06.2023 302, 120-B, 201 IPC and 25, 27 of Arms Act Jandiala, District Amritsar Rural o. 2), Mo 2. It is inter alia contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case, he has no role whatsoever in the alleged occurrence nor any specific overt act is attributed to the petitioner but has been implicated in the present case on the allegations of his being one of the conspirator. He contends that petitioner was arrested on 27.06.2023, since then he is in custody, after completion of Gyan Chand 2025.05.27 18:59 I attest to the accuracy and integrity of this document of investigation, challan has already been presented in Court. Similarly situated co-accused Gurmehak Deep Singh @ Gurmehak Singh has already been granted concession of bail vide order dated 02.12.2024 passed in CRM-M-1601-2024. Hence prayed for grant of concession of bail to the petitioner. 3. Per contra, learned State counsel referring to the reply submitted by the State has opposed the bail petition on the ground that petitioner was present at the time of alleged occurrence and he was one of the conspirator in the murder of the deceased, hence does not deserve concession of bail. However, on specific query qua the parity with co- accused Gurmehak Deep Singh @ Gurmehak Singh, he could not dispute that the petitioner’s case is at par with co-accused Gurmehak Deep Singh @ Gurmehak Singh. 4. After considering the rival contentions and perusing the record, it transpires that the instant FIR was registered on the statement of Jodhbir Singh stating that his sister Mandeep Kaur was married to Kanwaljit Singh of village Thathian and younger brother Gursewak Singh who is serving in army, on 26.06.2023 had gone to meet his sister in village Thathian and at about 12 o clock mid night he received a telephonic call from his brother-in- law Kanwaljit Singh that he along with Gursewak Singh, Akasdeep Singh, Gurmehakdeep Singh and Manpreet Singh, Sandeep Singh had gone to Jandiala for dinner and at about 09:30 pm while they were returning on motorcycles then two unidentified persons came on the motorcycles behind and shot at Gursewak Singh. Injured was shifted to hospital, where he was Gyan Chand 2025.05.27 18:59 I attest to the accuracy and integrity of this document declared brought dead, FIR was registered. Co-accused Kanwaljit Singh, Sandeep Singh, Gurmehak Deep Singh and Romanpreet Singh were arrested on 27.06.2023 and during investigation, it was found that Kanwaljit Singh had concocted a story and consequent upon the heated arguments of the deceased with him he had exhorted Sandeep Singh to fire upon him. 5. So far the allegations qua the petitioner is concerned, he is alleged to have conspired the offence with co-accused. It is not disputed that similarly placed co-accused Gurmehak Deep Singh @ Gurmehak Singh has already been granted concession of bail vide order dated 02.12.2024 passed in CRM-M-1601-2024, which even the learned counsel for the State has not disputed to be at par with the role of the present petitioner. Admittedly, no specific overt act in the alleged occurrence has been attributed to the present petitioner. The petitioner is having no criminal antecedents and has been in custody since 27.06.2023, after completion of investigation, challan has already been presented in Court, wherein, prosecution has cited 18 witnesses and till date only 2 of them been examined till date. The conclusion of trial, to ascertain criminal liability, if any, of the petitioner, will take sufficient long time, therefore, no purpose would be served by detaining the petitioner any longer in custody. Moreover, similarly placed co-accused Gurmehak Deep Singh @ Gurmehak Singh has already been granted concession of bail vide order dated 02.12.2024 passed in CRM-M-1601-2024. 6. Resultantly, in these circumstances, without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail subject to furnishing bail bonds/surety bonds to the Gyan Chand 2025.05.27 18:59 I attest to the accuracy and integrity of this document satisfaction of learned Trial Court concerned, if not required in any other case; undertaking to regularly appear on each and every date; not to leave the country without prior permission of the Court; and not to tamper with the evidence of the prosecution in any manner. 7. Any observation made above shall not be construed as opinion of this Court on the merits of the case. 8. Pending application(s) if any shall also stand disposed of. (SANJIV BERRY) JUDGE 26.05.2025 Gyan i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No Gyan Chand 2025.05.27 18:59 I attest to the accuracy and integrity of this document