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2025 DAILYLAW 47759 (PNJ)

GURDEEP SINGH v. STATE OF PUNJAB

CRM-M/20841/2025 · 2025-05-15

Sanjiv Berry

body2025

Judgment text

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CRM-M-20841-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 227 CRM-M-20841-2025 (O&M) Date of Decision:- 15.05.2025 GURDEEP SINGH ....Petitioner(s) Versus STATE OF PUNJAB ...Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present : Mr. Baltej Singh Sidhu, Sr. Advocate with Mr. Himmat Singh Sidhu, Advocate for the petitioner. Mr. Iqbalpreet Singh, AAG Punjab. Mr. Amardeep Singh Mann, Advocate for the complainant. ***** SANJIV BERRY, J. (ORAL) 1. Status report dated 14.05.2025 filed in the form of an affidavit of Deputy Superintendent of Police, Sub-Division Budhlada, District Mansa, is taken on record. Copy thereof has been supplied to learned counsel for the petitioner. 2. Heard. 3. By way of present petition filed under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023, petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under: FIR No. Dated Sections Police Station 09 31.03.2025 109, 115(2), 351(2), 3(5) Bharatiya Nyaya Sanhita, 2023 Sadar Budhlada, District Mansa SANDAL SHARMA 2025.05.20 17:49 I attest to the accuracy and authenticity of this order/judgment CRM-M-20841-2025 (O&M) -2- 2. It is inter alia contended by learned Senior counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case. He contends that the petitioner has no criminal antecedents and has been falsely implicated in this case on account of party faction. He submits that the petitioner is ready to join investigation and has prayed for grant of anticipatory bail to the petitioner. 3. Per contra, learned State counsel assisted by learned counsel for the complainant, while referring to the status report submitted by State has assailed the arguments advanced by learned counsel for the petitioner on the ground that the petitioner had given kirpan blow hitting left side of face and jaw of the complainant with intent to kill him and the recovery of the weapon is yet to be effected from him. Hence, the custodial interrogation of the petitioner is required and prayed for dismissal of the bail petition. 4. After considering the rival contentions and perusing the record, it transpires that as per the case of prosecution, on 29.03.2025 at about 07:15 PM, co-accused Gurcharan Singh caught hold of the complainant and the petitioner inflicted a blow with kirpan, which hit on the left side of his face and jaw. Thereafter, the complainant fell down on the ground and co- accused Gurcharan Singh took the kirpan from his son (petitioner) and gave a blow of the same on the left hand index finger. However, on raising alarm, the assailants ran away and the complainant was shifted in the hospital. 5. There are specific allegations against the petitioner of having caused injury with a sharp-edged weapon on the face of the complainant, hitting the left side of his face and jaw. The recovery of weapon is yet to be SANDAL SHARMA 2025.05.20 17:49 I attest to the accuracy and authenticity of this order/judgment CRM-M-20841-2025 (O&M) -3- effected from the petitioner, for which his custodial interrogation is required. 6. 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. 7. Any observation made above shall not be construed as opinion of this Court on the merits of the case. (SANJIV BERRY) JUDGE 15.05.2025 S.Sharma(syr) i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No SANDAL SHARMA 2025.05.20 17:49 I attest to the accuracy and authenticity of this order/judgment