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2025 DAILYLAW 15902 (PNJ)

JASWINDER KAUR ALIAS JASVIR KAUR v. STATE OF PUNJAB

CRM-M/3843/2025 · 2025-08-20

N S Shekhawat

body2025

Judgment text

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CRM M-3843 of 2025 (O&M) 1 112+232 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-3843 of 2025 (O&M) Date of Decision: 20.08.2025 Jaswinder Kaur @ Jasvir Kaur ...Petitioner Versus State of Punjab ... Respondent CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present : Mr. Rajesh Duhan, Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab. N.S.SHEKHAWAT , J. (Oral) CRM 31879 of 2025 1. Allowed as prayed for. 2. Order dated 06.05.2025 (Annexure A-1) is taken on record, subject to all just exceptions. AMIT RANA 2025.08.22 17:11 I attest to the accuracy and authenticity of this judgement/order CRM M-3843 of 2025 (O&M) 2 CRM M-3843 of 2025 3. The petitioner has filed the instant petition under Section 483 of B.N.S.S., 2023 with a prayer to grant regular bail in case FIR No.140 dated 25.06.2024 registered under Sections 392, 395, 323, 341, 458 and 506 of IPC at Police Station Patran, District Patiala. 4. The FIR in the present case has been registered on the basis of the statement made by Bikramjeet Singh and the same has been reproduced below:- “That on the middle of night of date 24/25.06.2024 I was sleeping in my house along with my wife Jaswinder Kaur and the house maid i.e. Jasveer kaur who is the resident of village Jeonpura. That it was around 1:00 am the maid which lives in our house went to use the bathroom. Then after some time I heard the sound of some people entering my house, and I came out of my room and saw that 6/7 unknown people entered my house, who had hide their faces and they were holding deadly their hands. Seeing this weapons incident, i started to run to the top of but these unknown the in stairs surrounded me and attacked person with me a deadly weapon which they were carrying in their hand and beat me a lot. That they that whatever money, started telling me gold or any other valuables are lying in my house. If i don't hand those articles over to them, then they will kill me and my family. Then I asked my wife Dalwinder Kaur, that whatever money and gold we have at our house give it to AMIT RANA 2025.08.22 17:11 I attest to the accuracy and authenticity of this judgement/order CRM M-3843 of 2025 (O&M) 3 them. On which my wife was having Rs. 15,000/- which she handed over to those unknown persons. Then they made the three of us to sit in a room and told us that if we cry, then they will kill all the three of us Out of these 2/3 of the unknown persons stood near us with weapons and the rest started destroy the bed etc. in our house. Then around 03.00 AM my neighbor Sukhpal Singh son of Hari Singh made hue and cry outside in the street and after hearing the hue and cry they ran away outside from my house. They had taken away Rs 15,000 in cash from us and 5000/- US dollars which we had kept in our house, about 10gm of gold jewellery, a mobile I-PHONE 11 Pro Max in which sim number 97797 21831 was running, were looted from us. At that time my car number PB 11 CF 8009 make model Cruze color white which was parked outside my house was also taken away by those unknown person. Now I have come to know that they went outside and beat up my neighbor Sukhpal Singh with their deadly weapon and robbed him of Rs. 11,000/- and his mobile phone and then they escaped. Then due to the pain of my injury, I was admitted to the government hospital Patra for the treatment, where the doctor gave me first aid and after that i took leave there and came home. Now I was going to police station Patra to give a report regarding this above mentioned incident. While going to the police station patran, i met the police party at Narwana Bypass Patra. I request you to please take Legal action against these 6/7 unknown persons. I wrote a statement to you, read it and heard it, which is correct.”. AMIT RANA 2025.08.22 17:11 I attest to the accuracy and authenticity of this judgement/order CRM M-3843 of 2025 (O&M) 4 5. Learned counsel for the petitioner contends that the petitioner was not initially named in the FIR nor there is any averment in the FIR which even remotely connects him with the commission of the crime. However, during the course of investigation, the supplementary statement of the complainant was recorded and the petitioner and his other co-accused were nominated as accused in the present case. The petitioner was arrested in the present case on 29.06.2024 and is in custody for the last more than 01 year and 01 month. Learned counsel further submits that in the present case Sukhchain Singh co-accused has been granted the concession of bail by the Court of Judicial Magistrate First Class, Samana vide order dated 06th May 2025 (Annexure A-1). 6. On the other hand, learned State counsel has vehemently opposed the prayer made by the learned counsel for the petitioner on the ground that there are serious allegations against the petitioner and the petitioner is not entitled for the concession of regular bail. 7. I have heard learned counsel for the parties and perused the record. 8. In the present case, the petitioner is stated to be in custody for the last more than 01 year and 01 month. However, no witness has been examined so far and the conclusion of the trial may take quite a long time. Apart from that, the co-accused Sukhchain Singh has already been granted the concession of bail by the Court of AMIT RANA 2025.08.22 17:11 I attest to the accuracy and authenticity of this judgement/order CRM M-3843 of 2025 (O&M) 5 Judicial Magistrate 1st Class, Samana vide order dated 06th May 2025 (Annexure A-1). 9. In view of the above, without commenting any further on the merits, the present petition is allowed and the petitioner is ordered to be released on bail on her furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/CJM concerned. 20.08.2025 (N.S.SHEKHAWAT) amit rana JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No AMIT RANA 2025.08.22 17:11 I attest to the accuracy and authenticity of this judgement/order