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High Court of Punjab and Haryana · body

2025 DAILYLAW 59016 (PNJ)

JASVIR SINGH v. STATE OF PUNJAB

CRM-M/27473/2025 · 2025-05-23

N S Shekhawat

Transfer Petitionbody2025

Judgment text

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CRM M-27473 of 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. CRM M-27473 of 2025 Date of Decision: 23.05.2025 Jasvir Singh ...Petitioner Versus State of Punjab ... Respondent 2. CRM M-27170 of 2025 Armanjot Singh @ Kala ...Petitioner Versus State of Punjab ... Respondent CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present : Mr. H.P.Singh, Advocate, for the petitioner. (in both the petitions) Mr. M.S. Bajwa, DAG, Punjab. Mr. Aminder Singh, Advocate, for the complainant. N.S.SHEKHAWAT , J. (Oral) 1. This order shall dispose off two petitions, i.e., CRM M-27473 of 2025 titled as “Jasvir Singh Vs. State of Punjab” and CRM-M-27170-2025 titled as “Armanjot Singh @ Kala Vs. State of Punjab” filed under Section 483 of the B.N.S.S., 2023, whereby, the petitioners have prayed for grant of regular bail in case DDR No. 20 dated 09.08.2024 (Annexure P-2) under Sections 126(2), 118(1), 115(2), 351(2), 351(3), 191(3), 190 and 324(4) BNS, 2023 AMIT RANA 2025.05.26 18:01 I attest to the accuracy and authenticity of this judgement/order CRM M-27473 of 2025 -2- and later on added Sections 118(2) and 238 of BNSS, 2023, registered at Police Station Sherpur, District Sangrur in FIR No.58 dated 07.08.2024 got registered by the co-accused of the petitioners, namely, Amritpal Singh, under Sections 109, 115(2), 351(2), 191(3), 190 of BNS and Section 25 of Arms Act, 1959, Police Station Sherpur, District Sangrur. 2. The case has been registered on the basis of the statement made by Inderjit Singh and the same has been reproduced below:- “Statement of Inderjit Singh son of Baldev Singh son of Mall Singh, resident of Fatehgarh Panjgrian, aged about 35 years, (2.10.1989), Mob. 95488-77620), stated that I am resident of above address and is agriculturist. On 06.08.2024 at about 8.00, I alongwith Harinderpreet Singh alias Heaven son of Sukhwinder Singh, Amandeep Singh @ Amna son of Balwant Singh and Amarjit Singh alias Ladi son of Sukhdev Singh residents of Village Fatehgarh Panjgrian were present in the Village. Even earlier to that we get together and after eating etc, come to our houses. On 06.08.2024, we were short of drinks because our friend Gagandeep Singh @ Happy son of Jagdev Singh r/o Village Fatehgarh Panjgrain, had come there. At the bus stand of our village there is sweet shop known as Bapla sweets and his owner Raju resident of Bapla is our good friend and even earlier to that in case of need we get opened the shop and do purchase. On that day we decided to come at Bapla sweet shop Bus stand Fatehgarh Panjgrian, when we have finished our cold drink and we all four myself, Harinderpreet Singh AMIT RANA 2025.05.26 18:01 I attest to the accuracy and authenticity of this judgement/order CRM M-27473 of 2025 -3- @ Heaven, Amandeep Singh @ Amna and Amarjit Singh @ Ladi were in the car of Amarjit Singh @ Ladi, Swift Card No.DL-3-CB-8021 of white colour and Amarjit Singh Ladi was driving the car and I was sitting on the conductor seat. Harinderpreet Singh @ Heaven and Amandeep Singh alias Amna were sitting on the back seat. Gagandeep Singh alias Happy was coming after us on his motorcycle No.PB-13-BM-9194 TVS victor. When we stopped our vehicles opposite Bapla sweets shop, Fatehgarh Panjgrian, the time was about 11.15 pm. Harpreet Singh alias Sunny son of Sher Singh resident of Fatehgarh Panjgrian armed with Trangli who was standing by the shutter of the shop came running towards our vehicle and started breaking the glass on the driver side and also broke the front glass with Trangli and the vehicle stopped. On stopping of the vehicle, I came out and then Harwinder Singh @ Happy son of Sher Singh armed with kirpan, Satwant Singh @ Santa son of Gursharanjit Singh alias Bitu armed with kirpan, Jasbir Singh alias Jass son of Sher Singh, armed with kirpan, Armanjot Singh @ Kala son of Jagminder Singh alias Pappu armed with kirpan and Gursharanjit Singh alias Bitu son of Chand Singh armed with iron pipe fitted with a Grari, who were sitting by concealing themselves came running towards me and Harwinder Singh @ Happy gave kirpan blow on his mouth which fell on his nose then Satwant singh @ Santa above said gave kirpan blow which fell on my chin. Then Jasvir Singh alias Jass and Armanjot singh @ Kala above said gave kirpan blows on his head but he brought his right arm on the front and fell on his right arm. Then AMIT RANA 2025.05.26 18:01 I attest to the accuracy and authenticity of this judgement/order CRM M-27473 of 2025 -4- Gursharanjit Singh @ Bittu above said gave iron pipe blow which was fitted with Grari on his head and after that he ran away. In the meanwhile, Harpreet Singh son of Honey son of Sher Singh gave the push of the Trangli on Amarjit singh alias Ladi, which fell on the finger of left hand, then Jasvir Singh alias Jassa above said gave a kirpan blow to Amarjit Singh alias Ladi when he was coming out of the car, which fell on his left arm. In the meanwhile Amritpal Singh @ Major son of Tarlochan Singh armed with small kirpan and Deepa Gill son of Bahadur Singh armed with iron rod/pipe came running on the spot and Amritpal Singh alias Major gave blow of small kirpan on Amarjit Singh alias Ladi which fell near the right elbow. For our safety Amarjit Singh alias Ladi gave fire shot in the air, then Amandeep Singh alias Amna when tried to run by sitting over the back seat, then to Armanjot Singh @ Kala above said, Deepa Gill said that Amna be not allowed to run away, on that Armanjot Singh alias Kala gave the kirpan blow on the neck, but Amandeep Singh @ Amna above said brought his arm for safety and the blow fell on his right arm near the right elbow. When Harinderpreet Singh alias Heaven came out of the vehicle, then on his abdomen Harpreet Singh @ Honey gave a push of the Trangli when he was sitting in the car and all were giving threats to us. Amritpal Singh alias Major above said picked up a brick and gave its blow which fell on the right thumb of Harinderpreet Singh @ Heaven. We all for our safety ran away, but with intention to kill us they ran after us and gave threats to kill, Deepa Gill time and again was giving threats not to leave us. Amritpal Singh alias AMIT RANA 2025.05.26 18:01 I attest to the accuracy and authenticity of this judgement/order CRM M-27473 of 2025 -5- Major and Deepa Gill in Swift Car No.PB-01C-7203 which was being driven by Ramandeep Singh son of Balour singh resident of Fatehgarh Panjgrian had followed us. Harwinder Singh @ Happy, Satwant Singh @ Santa Jasbir Singh @ Jassa, Armanjot Singh @ Kala above said followed us with weapons. Gursharanjit Singh alias Bittu and Harpreet Singh alias Sunny after the quarrel searched for us. The motive behind this is that during Lok Sabha Election, 2024 (Halqa Sangrur) Gagandeep Singh @ Happy son of Jagdev Singh resident of Fatehgarh Panjgrian who was polling agent of Shiromani Akali Dal Amritsar had stopped a person who had come to cast bogus votes and had informed the election officer that those persons want to cast wrong votes. Due to this grudge the above said persons Harwinder Singh @ Happy, Satwant Singh @ Santa, Jasbir Singh @ Jassa, Armanjot Singh alias Kala, Amritpal Singh alias Major, Harpreet Singh alias Sunny, Gursharanjit Singh alias Bitu, Ramandeep Singh and Deepa Gill have beaten them with intention to kill, action be taken against them and they be given justice. Statement got recorded and has been read and it is correct. LTI Inderjit Singh above”. 3. Learned counsel for the petitioners has vehemently argued that in fact the complainant party was the real aggressor and they had attacked the petitioners and their accomplices. Consequently, one FIR No.58 dated 07.08.2024 under Sections 109, 115(2), 351(2), 191(3), 190 of BNS and Section 25 of Arms Act, 1959, Police Station Sherpur, District Sangrur was got registered by Amrit Pal Singh, co- AMIT RANA 2025.05.26 18:01 I attest to the accuracy and authenticity of this judgement/order CRM M-27473 of 2025 -6- accused of the petitioners. However, later on, after two days, the cross version (Annexure P-2) was registered against the petitioners and others, without any basis and now the petitioners even arrested in the cross version. Learned counsel further submits that Amrit Pal Singh, co-accused and Javir Singh, petitioner had received gun shot injuries. Even, the MLR (Annexure P-3) of Jasvir Singh, petitioner, clearly shows that Jasvir Singh, petitioner had suffered fracture of facial bone, which can be corrected after conducting the surgery of his face. Even, both the petitioners were arrested on 22.04.2025 and are in custody since then. Even, the recoveries, if any, have already been effected from them. Moreover, the co-accused of the petitioners, namely, Harwinder Singh @ Happy, Amritpal Singh and Sukhwant Singh have already been granted the concession of bail by this Court. 4. Notice of motion. 5. On the asking of Court, Mr. M.S. Bajwa, DAG, Punjab. accepts notice on behalf of respondent-State. 6. Mr. Aminder Singh, Advocate has put in appearance on behalf of the complainant by filing his power of attorney, which are taken on record. 7. On the other hand, learned State counsel assisted by the learned counsel for the complainant have vehemently opposed the submissions made by the learned counsel for the petitioners on the ground that serious allegations have been levelled against the petitioners and the petition deserves to be dismissed by this Court. AMIT RANA 2025.05.26 18:01 I attest to the accuracy and authenticity of this judgement/order CRM M-27473 of 2025 -7- 8. I have heard learned counsel for the parties and perused the record. 9. In the present case, both the petitioners were arrested on 22.04.2025 and the recoveries have already been effected from them. Moreover, it is a case of version and cross version and the question of aggressor is yet to be decided by the trial Court. Moreover, Jasvir Singh, petitioner had suffered fracture of facial bone and had to undergo surgery during the course of treatment. 10. In view of the above, without commenting any further on the merits, the present petitions are allowed and the petitioners are ordered to be released on bail on their furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/CJM concerned. 23.05.2025 (N.S.SHEKHAWAT) amit rana JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No AMIT RANA 2025.05.26 18:01 I attest to the accuracy and authenticity of this judgement/order