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CRM-M-10779-2025 -1- 231
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-10779-2025 Date of Decision:09.07.2025 AMANDEEP SINGH …PETITIONER VS.
STATE OF PUNJAB
…RESPONDENT
Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. G.S. Simble, Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab. Mr. Sandeep Godara, Advocate for Mr. A.P.S. Rehan, Advocate for the complainant. *** N.S.Shekhawat J. (Oral)
1. The petitioner has filed the present petition under Section 483 of BNSS, 2023 with a prayer to grant regular bail to him in case FIR No.115 dated 16.06.2023, registered under Sections 323, 324, 326, 307, 506, 148, 149, 201 of IPC 1860, Police Station Mukerian, District Hoshiarpur. 2. The FIR in the present case was registered on the basis of the statement made by Parveen Kumar and the same has been reproduced below:-
“Statement of Parveen Kumar S/o Dev Raj Resident of Abdulapur PS Mukerian aged about 56 years 7837327025. Stated that I am a resident of the above mentioned address and am doing agricultural work. On 11-06-2023, I was coming from the Haveli of Jaspal Singh s/o Gachhar Singh after getting milk. When I reached in front of the village government school, it VIPIN KUMAR 2025.07.10 12:11 I attest to the accuracy and integrity of this judgment/order
CRM-M-10779-2025 -2- was around 6:20 in the evening, then Amandeep Singh s/o Deepak Singh resident of Abdullahpur armed with Datar, Dhanna son of Kala resident of Ghasitpur armed with Kirpan, Rikki Thakur resident Lamin armed with Rod and 3 other unidentified boys who were abusing with Jaspal Singh, whom I stopped from doing so, attacked his hand, when I put my hand in front for saving, the datar hit the lower palm and wrist of my left hand and then Dhanna hit with the Kirpan in his hand, which hit the middle finger of my left hand, then Ricky Thakur hit with the rod in his hand which hit my back then Amandeep hit me 3 times continuously in a row with the datar in his hand, which hit from reverse side on my left bicep, then Dhanna hit me with the kirpan in his hand which hit the left side of my back, then I fell on the ground and while I was lying the unidentified young men gave me kick blows which hit my back, chest and other body. On my raising alarm and on Jaspal Singh's shouting, the attackers while giving threats ran away from the spot with their weapons.
My family members by arranging vehicle got me admitted in Amandeep Hospital, Amritsar, where till 15.06.2023 I was under treatment. Today I have informed you and got my statement recorded. Have heard and read it, which is correct. Action be taken. Sd/- Parveen Kumar”
3.
Learned counsel for the petitioner contends that as per the case set up by the prosecution, the petitioner had caused four injuries to the injured in the present case with a datar. However, none of the injuries has been declared to be dangerous to life and the offence under Section 307 IPC has been added, without any basis and just to make the offence graver. He further submits that the petitioner was arrested in the present case on 30.08.2024 and is in custody for the last about 11 months. By referring to the order Annexure P-2, he submits that Gurvinder Singh @ Dhanna, a similarly placed co-accused has been VIPIN KUMAR 2025.07.10 12:11 I attest to the accuracy and integrity of this judgment/order
CRM-M-10779-2025 -3- allowed the concession of regular bail by a co-ordinate Bench of this Court on
15.12.2023. The injured in the present case has already been discharged and the prosecution has not been able to examine even a single witness so far.
4. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that the petitioner is one of the main accused and had caused grievous injury on the person of the complainant in the present case 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 carefully.
6. In the present case, the petitioner is stated to be in custody for the last about 11 months and the prosecution has not been able to examine even a single witness so far. Consequently, there are no chances of early conclusion of the trial. Even otherwise, the petitioner has no criminal antecedents and is not in a position to influence the witnesses of the prosecution. Thus, the further custody of the petitioner will not serve any useful purpose.
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. 09.07.2025
(N.S. SHEKHAWAT) vipin
JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No VIPIN KUMAR 2025.07.10 12:11 I attest to the accuracy and integrity of this judgment/order