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CRM-M-15549-2025 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 225 CRM-M-15549-2025 (O&M) Date of Decision:- 21.04.2025 JASBIR SINGH ALIAS RAVI ....Petitioner(s) Versus STATE OF PUNJAB ...Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present : Mr. Charitr Kadyan, Advocate for Mr. V.K. Kaushal, Advocate for the petitioner. Mr. Rajinder Singh Bhatta, DAG Punjab. ***** SANJIV BERRY, J. (ORAL)
1. Status report dated 14.04.2025 already filed in the form of an affidavit of Deputy Superintendent of Police, Sub-Division Majitha, Amritsar (Rural), is ordered to be taken on record. Copy thereof has been supplied to learned counsel for the petitioner.
2.
Arguments heard.
3. By way of present petition filed under Section 438 CrPC, petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under:
FIR No. Dated Sections Police Station 177 07.11.2021 341, 323, 324, 325, 326, 148, 149 IPC Majitha, District Amritsar Rural
4. It is inter alia contended by learned counsel for the petitioner SANDAL SHARMA 2025.04.23 12:41 I attest to the accuracy and authenticity of this
order/judgment
CRM-M-15549-2025 (O&M) -2-
that the petitioner is innocent and has been falsely implicated in the case on account of party faction. He contends that no specific overt act is attributed to the petitioner and the petitioner is not having any criminal antecedents. He submits that the petitioner is ready to join investigation and has prayed for grant of anticipatory bail to the petitioner.
5. Per contra, learned State counsel while referring to the status report submitted by State has assailed these arguments and argued that there are specific attribution of having given kirpan blow on the person of the complainant hitting on his left wrist and injury has been found grievous in nature. He contends that the recovery of weapon is yet to be effected for which the custodial interrogation of the petitioner is required and prayed for dismissal of the bail petition.
6. After considering the rival contentions and perusing the record, it transpires that the instant FIR was registered on the statement of the complainant Vishal alleging that on 05.10.2021, he along with his brother- in-law Satnam Singh were coming on a motorcycle to Majitha and when they reached near Galowali at about 06:00 PM, two cars came from Majitha side and intercepted them. Sukhchain Singh armed with datar, Akash armed with khanda, Sajan armed with datar, Ravi (petitioner) armed with kirpan, Baghi armed with khanda, Manna armed with datar and three unidentified persons alighted from the cars and Sukhchain Singh caught hold of him and on the lalkara being raised the assailants attacked the complainant and the petitioner is alleged to have given kirpan blow on the left wrist of the complainant while Baghi caused injury on the left elbow with khanda blow SANDAL SHARMA 2025.04.23 12:41 I attest to the accuracy and authenticity of this
order/judgment
CRM-M-15549-2025 (O&M) -3-
and Manna caused injury on the right leg with datar blow. On the alarm being raised, the assailants ran away and the matter was reported to the police and the case was registered.
7. A perusal of the record would reveal that there is specific attribution to the petitioner of having given kirpan blow on the left wrist of the complainant and the said injury was declared grievous in nature. The recovery of weapon is yet to be effected from the petitioner for which his custodial interrogation is required.
8. Therefore, considering the nature and gravity of offence, it is observed that no case is made out in favour of the petitioner for grant of anticipatory bail, as a consequence, the petition is hereby dismissed.
9. Any observation made above shall not be construed as opinion of this Court on the merits of the case.
(SANJIV BERRY) JUDGE 21.04.2025 S.Sharma(syr) i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No SANDAL SHARMA 2025.04.23 12:41 I attest to the accuracy and authenticity of this
order/judgment