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2025 DAILYLAW 60864 (PNJ)

AMARJIT SINGH ALIAS PARVINDER SINGH ALIAS GAGGU v. STATE OF HARYANA

CRM-M/28625/2025 · 2025-08-19

Sukhvinder Kaur

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 224 CRM-M-28625-2025 (O&M) Date of Decision: 19.08.2025. Amarjit Singh @ Parvinder singh @ Gaggu ...Petitioner. Versus State of Haryana ...Respondent. *** CORAM: HON'BLE MRS. JUSTICE SUKHVINDER KAUR ....... Present: Mr. Piyush Mittal, Advocate and Mr. Vrishketu, Advocate for the petitioner. Mr. Pawan Kumar Garg, DAG, Haryana. *** SUKHVINDER KAUR , J. (Oral) Present petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in FIR No.326 dated 02.10.2024, under Sections 115, 118(1), 3(5) and 351(2) of BNS (Section 109 of BNS added subsequently), registered at Police Station Kalan Wali, District Sirsa. As per prosecution case, on 01.10.2024 at around 8:00 P.M., the petitioner along with Rajwinder Singh @ Dippi caught hold the complainant Jasveer Singh and accused Amandeep Singh @ Patarkar caused kirch blows on the left hand and left leg of the complainant and he also hit the complainant with the kirch on the left and right side of his chest, due to which he fell down. Thereafter, all the accused gave kicks and fists blows to the complainant and when he raised alarm, his father Kuldeep Singh and uncle Harbhajan Singh came to his rescue whereupon the accused KOMAL 2025.08.19 16:37 I attest to the accuracy of this document CRM-M-28625-2025 (O&M) -2- persons fled away from the spot while extending threat to kill him in future. Learned counsel for the petitioner contended that no specific injury has been attributed to the petitioner. The injuries falling within the ambit of Section 109 of BNS are attributed to co-accused. During the trial before the trial Court, complainant Jasveer Singh has turned hostile and has not supported the prosecution case. He has urged that as trial of the case is likely to take time, therefore, the petitioner be granted concession of regular bail. Notice was issued in this case on 28.05.2025 and status report was called from the State, which was filed on 06.08.2025 and the same is taken on record. Learned State counsel has opposed the petition and submitted that the petitioner was also found involved in the commission of crime and has been specifically named in the FIR. An active participation of the petitioner along with co-accused in inflicting injuries to the injured/ complainant Jasveer Singh has been fully established during investigation and as such he is not entitled to the concession of regular bail. Heard. No specific injury has been attributed to the petitioner and the injuries falling under Section 109 of BNS have been attributed to co- accused Amandeep Singh @ Patarkar. As per the custody certificate, the petitioner is in custody since 10 months and 03 days. Conclusion of trial is likely to take time, so no useful purpose would be served by further detaining the petitioner behind the bars. Accordingly, the present petition is allowed and the petitioner is ordered to be admitted to regular bail, on furnishing adequate bail bonds KOMAL 2025.08.19 16:37 I attest to the accuracy of this document CRM-M-28625-2025 (O&M) -3- and surety bonds, to the satisfaction of concerned learned trial Judge/Chief Judicial Magistrate/Duty Magistrate. However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail petition. (SUKHVINDER KAUR) JUDGE 19.08.2025. Komal Whether speaking/reasoned? : Yes/ No Whether reportable? : Yes/ No KOMAL 2025.08.19 16:37 I attest to the accuracy of this document