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High Court of Punjab and Haryana · body

2025 DAILYLAW 50797 (PNJ)

JASWANT SINGH v. STATE OF PUNJAB

CRM-M/23296/2025 · 2025-05-01

Manjari Nehru Kaul

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 112 CRM-M-23296-2025 Date of decision: May 01, 2025 JASWANT SINGH .....Petitioner Versus STATE OF PUNJAB .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present: Mr. Ankit Joshi, Advocate for the petitioner. MANJARI NEHRU KAUL, J. 1. The instant petition has been filed under Section 482 of the BNSS, 2023 for grant of anticipatory bail to the petitioner in case FIR No.58 dated 02.11.2024 under Sections 118(1), 118(2), 117(2), 115(2), 191(3), 190 of BNS, 2023, registered at Police Station Kot Fatta, District Bathinda. 2. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and that the version given by the complainant is improbable and fabricated. It has also been argued that the petitioner has no criminal antecedents and the allegations of him launching an unprovoked attack, defies knowledge. 3. I have heard learned counsel for the petitioner and perused the relevant material placed on record, including the FIR, which stands reproduced hereinunder: - “96462-34264, stated that I am a resident of the said address and working as a Porting Labourer. On 29-10-24, I was sleeping at my house after eating food. Then it was around 10 Jaspreet Kaur 2025.05.03 13:59 I attest to the accuracy and integrity of this document Chandigarh CRM-M-23296-2025 -2- o'clock at night that my neighbour Raju Singh son of Jatta Singh came to my house. came who told me that Jaswant Singh son of Jeet Singh who is from our village Kotfatta and other people of our village are breaking the gate of your brother's house. So I got up from my house and reached the street near my brother's house. Jaswant Singh son of Jeet Singh was in the street with a kirpan(sword) in his hand and Raju Singh son of Kala Singh with an axe and Lalu Singh son of Kala Singh with a stick(daang) and Kala Singh son of Jit Singh with a stick(daang) And Karamjit Kaur wife Kala Singh was also with them who said in a loud voice that Babli Singh has come, don't let it go alive today, all of them are from village Kotfatta, there were also 5-7 unknown persons with them. I could not identify them because it was dark. When I started walking towards my brother's house, Raju Singh son of Kala Singh came to me and hit my left shoulder with axe in his hand. After throwing me down, Jaswant Singh son of Jeet Singh hit me with his hand- held kirpan while I was lying down hitting me on the head, right arm, hand, knuckle and right thumb, and then hit me again, and then Lalu Singh and his father Kala Singh came and beat me with a stick and unmade stick. Marian then I screamed loudly Marta-Marta, then hearing my cry and seeing a large gathering of neighbours, all the people ran away from the place with their own weapons. Hearing my cry, my brother Deepu Singh and my wife Lakhwinder Kaur came to the place and they arranged a ride for me and admitted me to the Government Hospital Bathinda. After which the doctor had referred me to a higher hospital due to my severe pain, then my brother and my wife admitted me to Gold Medica Private Hospital, Bathinda, where I am undergoing treatment, legal action should be taken against these persons. I have written a statement to you.” Jaspreet Kaur 2025.05.03 13:59 I attest to the accuracy and integrity of this document Chandigarh CRM-M-23296-2025 -3- 4. This Court has carefully perused the record including the FIR in question, which stands extracted hereinabove. It stands recvealed that the petitioner has been specifically named in the FIR and attributed a defined role in the alleged occurrence. The petitioner was allegedly armed with a kirpan and allegedly inflicted blows on the complainant while he lay on the ground. Prima facie, it appears to be a part of a coordinated and premeditated assault by a group of accused persons, including the petitioner, all of whom were armed with deadly weapons. 5. The nature and gravity of injuries suffered by the complainant, corroborated by the immediate medical treatment and referral to a higher medical centre, prima facie lends credence to the version in the FIR. 6. In the totality of the circumstances, this Court does not deem it fit to extend the extraordinary concession of anticipatory bail to the petitioner. 7. Accordingly, the instant petition stands dismissed. 8. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. May 01, 2025 (MANJARI NEHRU KAUL) Jaspreet Kaur JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Jaspreet Kaur 2025.05.03 13:59 I attest to the accuracy and integrity of this document Chandigarh