Extracted from the PDF above. The PDF is authoritative.
CRM-M-5866-2025 -1- 223 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-5866-2025 Date of Decision:18.08.2025 Arshpreet Singh alias Kala …Petitioner vs. State of Punjab …Respondent
Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Sandeep Singh Deol, Advocate for the petitioner. Mr.M.S.Bajwa, Deputy Advocate General, Punjab. *** N.S.Shekhawat J. (Oral)
1. The petitioner has filed the instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail in case FIR No.315 dated 08.12.2023 registered under Sections 307, 186, 353, 427, 337, 338 of IPC, at Police Station Jandiala, Amritsar (Rural). 2. The FIR in the present case was registered on the basis of the statement made by ASI Jugal Kishor and the same has been reproduced below:-
“Today I ASI along with ASI Rawant Singh 1302, HC Surinder Kumar41, PHG Satish Kumar19990 along with laptop printer kit, were present on private vehicle at a naka at Ghaah Mandi chowk, Jandiala. At about 9.30 pm, an i20 car with number DL 9C-AA-5590 came from Mansooria darwaaza side. The car was being driven by a clean shaven young man. Since it was at a very high speed, we signaled the driver to stop the car. The driver tried to escape by speeding up the car and first he tried to run down the police party and then he tried to hit the passersby with an intention to kill. Three Activa vehicles on the road were damaged HEMLATA 2025.08.20 00:29 I attest to the accuracy and integrity of this document
CRM-M-5866-2025 -2- in the process. The car driver tried to escape but was overpowered by me and the other officials. He told his name as Arshpreet Singh @ Kala son of Avtar Singh r/o Jeobala, district Tarn Taran. The injured passerby was identified as Arun Kumar so Vijay Kumar r/o H.No. 4731 Navi Abadi, in front of Jain School Jandiala Guru. The injured was taken to hospital by his father Vijay Kumar and other people like Gurpreet Singh s/o Kulwant Singh c/o Sachdeva General Store and Harmanbir Singh s/o Dalbir Singh, all residents of Jandiala. Car driver Arshpreet Singh @ Kala drove his car rashly when police signalled him to stop, caused obstruction in the duty of the police party, hit passerby Arun Kumar with an intention to kill and damaged three Activa scooters, therefore, he has committed offences u/s. 307/186/353/427 IPC. Ruqqa is being sent to police station through PHG Satish Kumar 19990. The number be intimated after registering the case.
Special reports be issued to Illaga Magistrate and other officials. I ASI along with other officials are proceeding with the investigation. Today at Ghaah Mandi Chowk Jandiala. At 10.15 pm. Sd/- Jugal Kishore ASI, Chowki Town, PS Jandiala. Dt. 8-8-2023.”
3.
Learned counsel for the petitioner contends that the petitioner has been falsely involved in the present case. Even a medico legal report has been arranged by the police from some private doctor and no injury has been declared to be dangerous to life. He further contends that in the present case, the petitioner was arrested on 08.12.2023 and is in custody for the last 01 year and 08 months. During the course of trial, out of total 12 witnesses, 4 witnesses have been examined so far. Even the prosecution had examined Arun Kumar, the alleged injured and he had not supported the case of the prosecution. Even the complainant has already been examined by the trial Court and no, the HEMLATA 2025.08.20 00:29 I attest to the accuracy and integrity of this document
CRM-M-5866-2025 -3- material witnesses have already been examined before the trial Court. Thus, there are no chances of tampering with the prosecution evidence.
4. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that two more cases were ordered to be registered against the petitioner and he does not deserve the concession of bail by this Court.
5. I have heard the learned counsel for the parties and perused the record.
6. It is not in dispute that the petitioner is in custody for the last more than 01 year and 08 months and the material witnesses have already been examined by the trial Court. Further, only four witnesses have been examined so far and the conclusion of the trial may take quite a long time.
7. Without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned.
(N.S.SHEKHAWAT) 18.08.2025
JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
HEMLATA 2025.08.20 00:29 I attest to the accuracy and integrity of this document