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2025 DAILYLAW 53488 (PNJ)

JASHANPREET SINGH v. STATE OF HARYANA

CRM-M/24354/2025 · 2025-05-15

N S Shekhawat

body2025

Judgment text

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CRM-M-24354-2025 -1- 235 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24354-2025 Date of Decision:15.05.2025 JASHANPREET SINGH …PETITIONER VS. STATE OF HARYANA …RESPONDENT Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Saurabh Sharma, Advocate for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana. *** 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.6 dated 15.01.2025, registered under Sections 109(1), 115(2), 333, 351(2) BNS & Section 25 of Arms Act, 1959, Police Station Panjokhra Sahib, District Ambala. 2. The FIR in the present case was registered on the basis of the statement made by Angrez Kaur w/o Chetan Singh and the same has been reproduced below:- “It is stated that I am a resident of the above name and address. And I am a housewife. I have 2 children, a son Pradeep Singh and a younger daughter named Manpreet Kaur whose age is 23 years. I married my daughter with Jashanpreet s/o Jasbir Singh r/o Village Sadapur Police Station Lalru, District Mohali, Punjab according to Sikh customs and traditions, whose marriage took VIPIN KUMAR 2025.05.16 17:08 I attest to the accuracy and integrity of this judgment/order CRM-M-24354-2025 -2- place on 08.11.2021. My daughter Manpreet Kaur had earlier also complained against her husband Jashanpreet Singh for domestic violence. My daughter was dropped at our village Mandaur on the evening of 13.01.2025 due to a quarrel at home. My daughter told me that her husband repeatedly threatens to kill her. Today on 15.01.2025 at about 01.15 PM my son in law Jaspreet Singh came in his white colored car bearing registration number PB02BR- 0049 make Mahindra Scorpio. As soon as he arrived, he started abusing my daughter Manpreet in front of me and asked her to come home with him and started pulling her forcefully and said that if she does not come home, he will shoot her. At the same time, Jashanpreet took out a pistol from the pocket of his pants and pointed it at my daughter. His daughter Simranpreet Kaur, aged 2 years, was in my daughter's lap. Due to this, he left my daughter and turned the pistol towards me and shot at me. The bullet hit my right thigh while grazing my stomach. At the same time, my son Pradeep Singh, hearing the sound of firing, ran from the room and started snatching the pistol from my son-in-law Jashanpreet Singh. A scuffle broke out between the two and the pistol fell down from Jashanpreet. Due to this scuffle, Pradeep Singh suffered injuries on his face and Jashanpreet after freeing himself, fled from the spot in his car. Please take appropriate action against my son in law Jashanpreet Singh. I have given the statement in writing, heard it, the same is correct. SD/ Angrej Kaur” 3. Learned counsel for the petitioner contends that the facts have been completely distorted by the complainant, while getting the FIR registered. He further contends that in fact the petitioner had never fired at the injured and even the pistol in question was recovered from the house of the complainant. Even the weapon of offence does not belong to him and has been falsely involved as he was having matrimonial dispute with his wife. The petitioner VIPIN KUMAR 2025.05.16 17:08 I attest to the accuracy and integrity of this judgment/order CRM-M-24354-2025 -3- was arrested in the present case on 19.01.2025 and is in custody since then. Moreover, the injured has already been discharged from the hospital long ago and she is hale and hearty. The police conducted the investigation against the present petitioner and challan has been presented against him. Moreover, the petitioner is not in a position to influence the witnesses of the prosecution. 4. 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. However, he does not dispute the fact that the petitioner is a first offender. 5. I have heard the learned counsel for the parties and perused the record carefully. 6. In the present case, the petitioner was arrested on 19.01.2025 and is in custody for the last more than 04 months. The injured has already been discharged and the parties are otherwise close relatives to each other. Further, there is no material to show that the petitioner is in a position to influence the witnesses of the prosecution or may evade the process of law. 7. Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial on his furnishing bail bonds and surety to the satisfaction of the concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority. VIPIN KUMAR 2025.05.16 17:08 I attest to the accuracy and integrity of this judgment/order CRM-M-24354-2025 -4- (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. (iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect. (v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner is involved in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner. 8. In case, the petitioner violates any of the conditions mentioned above, it shall be viewed seriously and the concession of bail granted to him shall be liable to be cancelled and the prosecution shall be at liberty to move an application in this regard. 15.05.2025 (N.S. SHEKHAWAT) vipin JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No VIPIN KUMAR 2025.05.16 17:08 I attest to the accuracy and integrity of this judgment/order