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2025 DAILYLAW 2575 (PNJ)

KARAMJOT SINGH v. STATE OF PUNJAB

CRM-M/6365/2026 · 2026-03-19

Aaradhna Sawhney

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Judgment text

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CRM-M- IN 209 Karamjot S Vers State of Pun CORAM: Present: AARADHN 1. 19.10.2025 351(2), 191 Police Com anticipatory 2. noticed her Station Sa Singh at CM assault. Im Singh, reac -6365-2026 -1- IN THE HIGH COURT OF PUNJA CHANDIGA mjot Singh Versus of Punjab AM: HON’BLE MS. JUSTICE AA Mr. Shehbaz Singh, Advocate Mr. Gautam Thapar, Senior DA Mr. Ajay Pal Singh Sandhu, A **** ADHNA SAWHNEY, J. (Oral) Petitioner, who is an accuse 2025, registered against him under 2), 191(3), 190 of BNS, at Police S e Commissionerate, Ludhiana, has file ipatory bail. Relevant facts as emerging fr ed hereinbelow:- On 18.10.2025, a telephonic Sadar, Ludhiana, regarding the at CMC Hospital, Ludhiana, on acco t. Immediately thereafter, the polic reached hospital and moved an app PUNJAB AND HARYANA AT DIGARH CRM-M-6365-2026 Date of Decision: 19.03.2026 …Petitioner. …Respondent. CE AARADHNA SAWHNEY. ocate for the petitioner. DAG, Punjab. dhu, Advocate for complainant. accused in case FIR No. 0243 date under Sections 109, 115 (2), 126(2 lice Station Sadar, Ludhiana, Distri as filed the present petition for grant o ging from the documents on record b onic message was received at Polic the admission of injured Jagmoha account of having suffered injuries police team headed by SI Harchara application seeking permission of th .2026 dated 126(2), District grant of cord be Police ohan ries in haran of the GURBACHAN SINGH 2026.03.25 19:50 I attest to the accuracy and integrity of this document CRM-M- treating Do the followin on duty, st about 11.3 premises, with co-ac unknown a raised a la (c) on his r even when multiple sh this backdr those who proceeding formal cas him u/s 109 Sadar, Lud grant of Additional Aggrieved 3. been falsely manner as material fa associate M trespassed i father Jasw were ploug altercation -6365-2026 -2- g Doctor to record the statement of lowing day, i.e. 19.10.2025, after se y, statement of Jagmohan Singh, w 11.30 AM on 18.10.2025, he w es, present petitioner Karamjot Sing accused Chamkaur Singh arme n assailants armed with deadly wea a lalkara and within a split of secon his right side of head. The other ass hen he (c) fell down, they conti le sharp edged injuries to him on h ckdrop, he (c) requested the police who were involved in the incide dings against them. On the basis case vide FIR No. 0243 dated 19 109, 115 (2), 126(2), 351(2), 191( Ludhiana, District Police Commissi Apprehending his arrest, peti t of pre-arrest bail. The same cam tional Sessions Judge, Ludhiana, ieved of which, the present petition ha Learned counsel for the petiti falsely implicated in the present case. er as portrayed by complainant, w rial facts. In fact, complainant alon iate Manish Kumar Sharma and 4- assed into the agricultural land of peti r Jaswant Singh. At the said point i ploughing the land. When they requ cation occurred. Immediately thereaft t of injured, which was declined. O r seeking permission from the Docto h, was recorded, who stated that e was present near his residenti Singh armed with a ‘gandasa’ alon rmed with ‘kirpan’ and 5-6 oth weapons approached him. Petition second, gave a ‘gandasa’ blow to hi r assailants also joined hands him an ontinued with their assault causin on his head, eye, shoulders etc. Wi olice authorities to catch hold of a ncident and to initiate appropria asis of said complaint and MLR, d 19.10.2025, was registered again 191(3), 190 of BNS, at Police Statio issionerate, Ludhiana. t, petitioner moved an application fo e came to be dismissed by learne , vide order dated 05.01.202 tion has been filed for grant of bail. petitioner contends that petitioner ha t case. The incident did not occur in th , who deliberately concealed th t along with his son Karamvir Sing -5 other unknown persons forcib of petitioner’s uncle Rajinder Singh an point in time, petitioner and his cous y requested the complainant, an verb hereafter, complainant, who was arme d. On octor hat at ential along other itioner to him m and ausing With of all priate LR, a gainst tation tion for learned 1.2026. r has ur in the led the r Singh, forcibly ngh and s cousin n verbal s armed GURBACHAN SINGH 2026.03.25 19:50 I attest to the accuracy and integrity of this document CRM-M- with ‘kirpa the proces petitioner’s attack unle hand was a was also r submitted t etc., but no jurisdiction the submis version, it i and since p to be take photograph the end, lea not needed, citizen, he for by the I 4. State couns petitioner complainan to complai cousin brot -6365-2026 -3- ‘kirpan’ inflicted a blow with the same process of saving himself suffered ioner’s cousin Chamkaur Singh ran k unleashed by complainant party, the was almost amputated. It is further the submission o also rushed to the hospital and com itted to the police officials to initiate but no action has been taken till da dictional police are hand in gloves with ubmission of learned counsel that i on, it is yet to be ascertained as to wh since petitioner himself suffered serio e taken in his favour. Learned co ographs and the MLR of petitioner app nd, learned counsel contends that cust eeded, for nothing is to be recovered f n, he is ready and willing to join the y the IO. Per contra, while opposing the counsel accompanied by learned cou ioner was named in the FIR. Specific lainant, a 72 years old man, who suff mplainant, petitioner was armed wi in brother and others to teach compla e same to petitioner on his back, who ffered injury on arm. Out of fea ran away. As a result of onslaug ty, the index finger of petitioner’s rig sion of learned counsel that petition d complaint coupled with MLR wa initiate action against Jagmohan Sing till date. It is, thus, apparent that th es with the complainant party. It is als that it being a case of version/cro to which of the parties was ‘aggresso serious injuries, lenient view deserve ned counsel has also referred to th appended with the petition. Toward at custodial interrogation of petitioner vered from him, but being a law abidin in the investigation as and when calle ing the request for grant of bail, learne ed counsel for complainant submit th ecific role has been assigned to him b ho suffered serious injuries. Accordin ed with a ‘gandasa’ and exhorted h complainant party a lesson of their li , who in of fear, nslaught r’s right etitioner LR was n Singh that the t is also on/cross gressor’ eserves to the owards tioner is abiding n called learned mit that him by cording rted his heir life GURBACHAN SINGH 2026.03.25 19:50 I attest to the accuracy and integrity of this document CRM-M- time. Befo blow lande petitioner a incident, co forehead, r edged weap petitioner, n investigatio and further along with at the instan version, the assigned to State coun needed to r to find ou occurrence to make ou grant of thi has been pr 5. documents 6. the counse -6365-2026 -4- Before they could react, petitioner h landed on the right side of his (c’s) ioner and his other accomplices con ent, complainant suffered five injuries ead, right forearm and left eyebrow. d weapon and were declared to be ‘G ioner, namely, Chamkaur Singh was a tigation also elaborated upon the role urther pointed out that he was success with weapon. Though till date no ca instance of accused party, but assumi on, the fact that petitioner was named ned to him, no ground for taking len counsel next contends that custodi ed to recover the ‘weapon’ used in the nd out the details of other assailan rrence, who have not been arrested till ake out a case of exceptional deprav t of this extraordinary relief of pre-arr een prayed for. Heard learned counsel for th ments on record. Before expressing any opinio ounsels, it would be appropriate to r ner hit complainant with ‘gandasa’ th (c’s) head. Even when he fell dow es continued to assault him. In th njuries on his right eye, right eyebrow brow. All the injuries were with shar be ‘Grievous in nature’. Cousin of th was arrested, who during the course o he role played by the present petition uccessful in running away from the sp e no case FIR/DDR has been registere assuming it to be a case of version/cro named in the FIR and specific role wa ng lenient view is made out. Learne ustodial interrogation of petitioner in the commission of offence and als ssailants who had participated in th ted till date. Thus, petitioner has faile depravity or hardship in his favour fo arrest bail. Dismissal of the petitio for the parties and have perused th opinion on submissions raised by bo te to refer to the judgment of Hon’b asa’ the ll down, In the yebrow, th sharp n of the ourse of etitioner the spot gistered on/cross ole was Learned ioner is and also in the as failed vour for petition sed the by both Hon’ble GURBACHAN SINGH 2026.03.25 19:50 I attest to the accuracy and integrity of this document CRM-M- Supreme C application 7. The State Supreme C ought not t 8. petitioner i Complainan all of whi advanced b complainan weapon use other assail arrested ti corroborate his version make out a him this ex 9. 19.03.2026 gbs -6365-2026 -5- eme Court, wherein the factors to be k cation for grant of anticipatory bail, ha In Nikita Jagganath Shetty @ tate of Maharashtra and another, eme Court held that “Anticipatory ba not to be granted in a routine manne Factual backdrop of the cas ioner in the entire incident has been h plainant, 72 years old man suffered 5 f which were declared ‘Grievous’. nced by learned State counsel accomp lainant, custodial interrogation of pe on used in the commission of offence assailants who had participated in th ted till date. At this stage, the borated with his Medico Legal Repo ersion. Thus, the Court is of the opi out a case of exceptional depravity o this extra ordinary relief of grant of pre The petition being devoid of a .2026 Whether Speaking/reasoned Whether Reportable o be kept in mind while dealing with a ail, have been discussed. etty @ Nikita Vishwajeet Jadhav v her, 2025 AIR SC 3375, the Hon’b ry bail is an exceptional remedy an nner.” he case and the role played by th een highlighted in para 2 of this orde red 5 injuries on his head, forearm etc ’. Agreeing with the submission ccompanied by learned counsel for of petitioner is needed to recover th ffence as also to find out the details o d in the occurrence and have not bee , the version of complainant stand Report. There being nothing to dou he opinion that petitioner has failed avity or hardship in his favour entitlin t of pre-arrest bail. id of any merit is hereby dismissed. (AARADHNA SAWHNEY) JUDGE : Yes/No : Yes/No with an av vs. Hon’ble y and by the is order. rm etc., issions l for the ver the etails of ot been stands to doubt ailed to entitling NEY) GURBACHAN SINGH 2026.03.25 19:50 I attest to the accuracy and integrity of this document