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2025 DAILYLAW 1812 (PNJ)

MALKEET SINGH @ MALKIT SINGH @ MEETA v. STATE OF PUNJAB

CRM-M/70332/2025 · 2026-03-11

Manisha Batra

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Judgment text

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CRM-M-70332- IN THE H MALKEET SING STATE OF PUNJ 1 The dat 2 The dat 3 The dat website 4 Whethe pronoun pronoun 5 The del judgme CORAM: HON Present: Mr. Mr. R Mr. M MANISHA BATR 1. The 483 of Bharatiya N of regular bail in under Sections 30 Act at Police Stati -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH SINGH @ MALKIT SINGH @ ME Versus PUNJAB he date when the judgment is reserved he date when the judgment is pronoun he date when the judgment is uploaded ebsite hether only operative part of the judg ronounced or whether the full judgmen ronounced he delay, if any, of the pronouncement dgment and reasons thereof. HON'BLE MRS. JUSTICE MANIS r. R.S. Sangha, Advocate for the pe Mr. Roshandeep Singh, AAG, Punjab Mr. Manpreet Singh Dhaliwal, Advoc ****  BATRA, J. (ORAL) The instant petition has been filed atiya Nagarik Suraksha Sanhita, 2023 in case arising out of FIR No.14 ns 302, 404, 341, 148, 149 of IPC an e Station Kot Ise Khan, District Moga. JAB AND HARYANA AT ARH CRM-M-70332-2025 (O&M) @ MEETA ... Petitioner ...Respondent served 10.03.2026 onounced 11 .03.2026 loaded on the 11 .03.2026 e judgment is dgment is Full cement of full Not applicable ANISHA BATRA  the petitioner Punjab Advocate for the complainant by the petitioner under Section , 2023 (for short “BNSS”) for grant 148 dated 20.10.2023 registered PC and Sections 25 and 27 of Arms Moga. M) oner dent ction grant tered rms AMIT SHARMA 2026.03.11 12:01 I attest to the accuracy and integrity of this order/judgment. CRM-M-70332- 2. The statement got reco 20.10.2023, the pe Veer Singh and R causing death of v killed due to firear One Taranjit Sing After registration o in-law of victim accused Gurchara Jagraj Singh and B Khalsa and Dr. Pre Singh was arrested sword alleged to h his instance. Sub namely Surinderji the members of th 3. It is a falsely implicated case has been regi in fact the aggress simply stated to b attributed to him. -2025 (O&M) 2 The aforementioned FIR was reg ot recorded by the complainant Kulwin the petitioner along with the co-accus and Ranjit Singh, fired shots with a of victim Ranjit Singh whereas the firearm injury sustained at the hands it Singh had also sustained injuries a ation of FIR on the basis of complaint ictim Veer Singh, investigation proc rcharan Singh @ Sukhdev Singh, G and Baljit Singh were arrested on 21 Dr. Preet were arrested on 22.10.2023. rrested on 24.10.2023. In pursuance o ed to have been used by him in the occ . Subsequently, on the basis of statem inderjit Singh, cross-case bearing DDR s of the complainant party. It is argued by learned counsel for t icated in this case. It is a case of ver n registered against the members of th ggressors. No specific overt act has d to be present at the spot. The fi him. The version of the prosecution s registered on the basis of the Kulwinder Kaur alleging therein that accused had intercepted the victims with a .12 bore DBBL gun thereby eas the other victim Veer Singh was hands of co-accused Sukhdev Singh. uries at the hands of the assailants. plaint of Kulwinder Kaur, daughter- n proceedings were initiated. The ngh, Gurdeep Singh, Ranjit Singh, on 21.10.2023. The Accused Raju .2023. The present petitioner Malkit ance of his disclosure statement, one the occurrence had been recovered at f statement recorded by one accused g DDR No.26 was registered against l for the petitioner that he has been of version and cross-version. Cross s of the complainant party who were ct has been attributed to him. He is The firearm injuries have not been cution is highly embellished. He too the that tims reby was ingh. ants. - The ingh, Raju alkit , one ed at used ainst been ross were e is been e too AMIT SHARMA 2026.03.11 12:01 I attest to the accuracy and integrity of this order/judgment. CRM-M-70332- had sustained 02 f explained. His ca who too had susta His continued inca and further detenti argued that the pet 4. Per co complainant has serious in nature. injuries to the m assembly. Two p The trial is going does not deserve to 5. This C for the parties at co 6. The unlawful assembly thereof, the victim firearm injuries a however, not attri Annexure P-5, w occurrence, which -2025 (O&M) 3 d 02 firearm injuries on his person bu case is at parity with the case of d sustained firearm injuries and has b ed incarceration is for a period of more detention is not going to serve any fru the petition deserves to be allowed. Per contra, learned State counsel assi t has argued that the allegations ag ature. He was armed with a sword the members of the complainant pa Two persons of the complainant part going on at a proper pace. It is, there erve to be extended benefit of bail. This Court has heard the rival submis es at considerable length. The petitioner is alleged to have sembly with the co-accused and in p victims Ranjit Singh and Veer Singh ries and succumbed to the same. t attributed to the petitioner. The pe 5, which is copy of his medico which shows that he too had sustain son but those injuries have not been ase of co-accused Surinderjit Singh has been extended benefit of bail. f more than 02 years and 03 months any fruitful purpose. It is, therefore, el assisted by learned counsel for the ns against the petitioner are quite sword and had voluntarily caused ant party by forming an unlawful nt party had died homicidal deaths. , therefore, argued that the petitioner ubmissions made by learned counsel have formed membership of an d in prosecution of common object Singh are alleged to have sustained same. The firearm injuries were, The petitioner has placed on record edico-legal report of the date of ustained 02 firearm injuries and 02 been ingh bail. nths fore, r the quite used wful aths. ioner unsel f an bject ined , cord e of d 02 AMIT SHARMA 2026.03.11 12:01 I attest to the accuracy and integrity of this order/judgment. CRM-M-70332- abrasions on his members of the c however, no speci 24.10.2023. Ther substantive numbe assessment of th conclusion as to th not at this stage. should not be a rep secure appearance punitive. Taking against the petitio and the circumsta opinion that the pe the petition is allo to his furnishing learned trial Court 7. In the petitioner, it shall application seekin 8. It is, be construed as an and shall not influ -2025 (O&M) 4 n his person. The cross-case has the complainant party. Though, he specific overt act has been attributed There are no chances of conclusion numbers of witnesses are yet to be exa of the evidence to be produced d as to the fact that who was the aggres tage. It is well settled proposition of e a replica of post-conviction sentenci arance of the accused during trial, a aking into consideration the nature petitioner, the part attributed to him, t umstances as peculiar to this case, th the petitioner has made out a case for is allowed and the petitioner is ordered shing personal as well as surety bon Court/Chief Judicial Magistrate/Duty In the event of there being any FIR t shall be open to the respondent-State seeking cancellation of bail. 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 e has been registered against the gh, he has been named in the FIR, ibuted to him. He is in custody since clusion of trial in the near future as be examined. It is only on thorough ced during trial that any definite aggressor party has to be drawn and on of law that pre-trial incarceration ntencing. The object of the jail is to rial, and it cannot be preventive or ature of the allegations as levelled him, the period of his incarceration ase, this Court is of the considered ase for release on bail. Accordingly, rdered to be released on bail subject ty bonds to the satisfaction of the /Duty Magistrate concerned. y FIR/complaint lodged against the State to seek redressal by filing an e observations made above shall not this Court on the merits of the case ial in any manner.  t the FIR, since e as ough finite and ation is to e or elled ation ered ngly, bject f the t the g an l not case AMIT SHARMA 2026.03.11 12:01 I attest to the accuracy and integrity of this order/judgment. CRM-M-70332- 9. Since any, is rendered in 11.03.2026 Amit Sharma -2025 (O&M) 5 Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes    allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No  n, if AMIT SHARMA 2026.03.11 12:01 I attest to the accuracy and integrity of this order/judgment.