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High Court of Punjab and Haryana · body

2025 DAILYLAW 33085 (PNJ)

RAJA SINGH v. STATE OF PUNJAB

CRM-M/13636/2025 · 2025-03-26

N S Shekhawat

Transfer Petitionbody2025

Judgment text

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CRM-M-13636-2025 -1- 213 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-13636-2025 Date of Decision: 26.03.2025 Raja Singh …Petitioner vs. State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Sumeetpal Singh Sidhu, Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab. Mr. Ashish Grover, Advocate for the complainant. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the present petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant anticipatory bail to him in case FIR No.0027 dated 15.02.2025 registered under Sections 331(6), 115(2), 324(4), 3(5) of BNS, 2023 (offence under Section 117(2) of BNS added later on), at Police Station Sadar Bathinda, District Bathinda. 2. Learned counsel for the petitioner contends that the occurrence had taken place at the house of Resham Singh, co-accused during the Jaggo ceremony, where the petitioner and the complainant party had gathered to celebrate. As per him, the petitioner has raised a lalkara and asked other accused to cause injuries to the complainant side. As per the case of the prosecution, the petitioner had caused an injury with an iron rod on the right arm of the complainant. He further contends that all the offences, except the Section 331(6) of BNS, are bailable in nature and there was no motive on the HEMLATA 2025.03.27 00:21 I attest to the accuracy and integrity of this document CRM-M-13636-2025 -2- part of the petitioner to commit the crime. Moreover, the petitioner is the first offender and deserves sympathetic consideration by this Court. 3. On the other hand, learned State counse assisted by learned counsel for the complainant have vehemently opposed the submissions made by learned counsel for the petitioner on the ground that the petitioner has been specifically named in the FIR in the present case. The petitioner was carrying an iron pipe and had caused injuries to Harmail Singh. As per MLR (Annexure R-1) of Harmail Singh, he had suffered an injury measuring 8 cm from right elbow joint. As per X-Ray report (Annexure R-2/3), the said injury has been declared to be grievous in nature. Learned counsel further contend that even Harmail Singh, injured has not fully recovered after suffering injuries in the present case. 4. I have heard learned counsel for the parties and perused the record. 5. In the present case, the petitioner not only instigated the other accused to cause injuries to the complainant side, but also gave a blow with an iron pipe on the right arm of the complainant, which resulted in a fracture. Even the petitioner and other co-accused had entered the house of the complainant side and also vandalized the motorcycle of the complainant. 6. Thus, keeping in view the facts of the case, the custodial interrogation of the petitioner would be required. Accordingly, the present petition deserves to be dismissed. Ordered accordingly. (N.S.SHEKHAWAT) 26.03.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.03.27 00:21 I attest to the accuracy and integrity of this document