Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-16487-2025 Date of Decision:01.04.2025 PRABHJOT SINGH
…PETITIONER VS.
STATE OF PUNJAB …RESPONDENT
Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Rajesh Kumar Girdhar, Advocate & Ms. Kirandeep Kaur, Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab. ***
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.32 dated 25.03.2024, registered under Sections 307/506/188 IPC & Section 25/27/54 of Arms Act Police Station Vairoke, Tehsil Jalalabad, District Fazilka. 2. Mr. Inderpreet Singh, Advocate has put in appearance on behalf of complainant by filing his memo of appearance, which is taken on record. 3. The FIR in the present case was registered on the basis of the statement made by Jagsir Singh son of Baldev Singh and the same has been reproduced below:- VIPIN KUMAR 2025.04.02 12:13 I attest to the accuracy and integrity of this judgment/order
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“Statement of Jagsir Singh son of Baldev Singh son of Gurdial Singh resident of village Pakka Kale Wala alias Chakk Suhele Wala, Police Station Vairoke, District Fazilka, aged about 42 years, mobile no.98521-02200, I would like to state that I am resident of above noted address and I am agriculturalist by occupation. On 24.03.2024, marriage of daughter of Harjinder Singh @ Ladi son of Nikka Singh resident of our village Pakka Kale Wala was performed in Green Land Palace, Village Ladhu Wala Uttar, Police Station Vairoke. I along with Gurwinder Singh son of Sukhpal Singh resident of Pakka Kale Wala went to attend the said marriage function. Karamjit Singh son of Jangir Singh and his son Prabhjot Singh residents of Pakka Kale Wala were also present in this marriage function, where some altercation occurred between us and the people made us understand and we both the parties sat there. After some time, Karamjit Singh and his son left the venue and while going, they threatened us that they will see us. After taking food etc at 4.15 PM, we came out of the Palace for proceeding to our house. In the meantime, Karamjit Singh, his son Prabhjot Singh, Gurbhej Singh son of Bhola Singh and Jeon Singh son of Binder Singh came their own swift car bearing registration No.PB30-L-4555 colour white along with their 7-8 unknown associates on other vehicles. Karamjit Singh along with his associates came out of the car and raised Lalkara that today we will kill these persons.
His son Prabhjot Singh fired shots from his pistol towards me with an intention to kill me and I suffered injuries on my right and left thighs and middle finger of my left hand. When Gurvinder Singh came forwarded to rescue me then Karamjit Singh took pistol from his son Prabhjot Singh and started firing towards Gurvinder Singh, which hit on his right thigh. We raised noise "Marta Marta" and then on seeing the people gathering there, Gurbhej Singh @ Bheja and Jeon Singh above said 7-8 unknown persons ran away from the spot along with their respective weapons, while raising lalkaras. In the meantime, my VIPIN KUMAR 2025.04.02 12:13 I attest to the accuracy and integrity of this judgment/order
CRM-M-16487-2025 -3- brother Randhir Singh came on the spot and he arranged for the conveyance and got me and Gurwinder Singh admitted in Civil Hospital Jalalabad, where the doctors gave us first aid and due to serious injuries, the doctor referred us to Guru Gobind Singh Medical College Faridkot but due to serious injuries, we were admitted in Daya Nand Medical College Ludhiana, where I and Gurwinder Singh are under treatment. The motive behind the occurrence is that Karamjit Singh was having grudge against me due to party faction in the village. The statement is made, heard and the same is correct. Action be taken. Sd/- Jagsir Singh.”
4.
Learned counsel for the petitioner contends that as per the allegations levelled by the complainant, the petitioner was carrying the pistol of his father and had fired on the thigh and middle finger of left hand of the injured. However, the injured has now been discharged and is hale and hearty. He further contends that as per the story set up by the prosecution, the petitioner had initially fired shots from the pistol and thereafter, handed over the same to his father Karamjeet Singh, who fired shots on Gurwinder Singh and the story projected by the prosecution is highly improbable and unbelievable. He further contends that even the offence under Section 307 IPC has been added, only to make the offences graver. The petitioner was arrested in the present case on 21.02.2025 and the recoveries have already been effected from him. Moreover, there is no evidence to show that the petitioner is in a position to tamper with the prosecution evidence or may abscond from the process of law. He further contends that the co-accused Karamjeet Singh @ Raja has been granted the concession of regular bail by this Court vide order dated 19.12.2024 in CRM- M-62894-2024. VIPIN KUMAR 2025.04.02 12:13 I attest to the accuracy and integrity of this judgment/order
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5. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the present petitioner and he does not deserve the concession of bail by this Court. 6. I have heard the learned counsel for the parties and perused the record. 7. In the present case, the injured had suffered simple injuries on his thigh and middle finger of the left hand and has been discharged from the hospital. Even the injuries suffered by Jagsir Singh are on non-vital part of the body. The petitioner is stated to be in custody since 21.02.2025 and no purpose will be served by keeping him in behind the bars. 8. 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.
01.04.2025
(N.S. SHEKHAWAT) vipin
JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No VIPIN KUMAR 2025.04.02 12:13 I attest to the accuracy and integrity of this judgment/order