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2025 DAILYLAW 64571 (PNJ)

AMARJIT @ AMARJIT MASIH v. STATE OF PUNJAB

CRM-M/29957/2025 · 2025-07-15

N S Shekhawat

body2025

Judgment text

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CRM-M-29957-2025 -1- 249 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-29957-2025 Date of Decision:15.07.2025 AMARJIT @ AMARJIT MASIH …PETITIONER VS. STATE OF PUNJAB …RESPONDENT Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Vipin Mahajan, Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the present petition under Section 483 BNSS with a prayer to grant regular bail to him in case FIR No.39 dated 16.07.2024, registered under Sections 109, 115(2), 117(2), 105, 3(5), 190, 191(3) of BNS, 2023 (Challan filed under Section 105, 117(2), 115(2) & 3(5) of BNS 2023 & Section 109, 103 BNS deleted), Police Station Purana Shalla, District Gurdaspur. 2. Mr. Sachmeet Singh Randhawa, Advocate has put in appearance on behalf of the complainant by filing his power of attorney, which is taken on record. VIPIN KUMAR 2025.07.16 18:56 I attest to the accuracy and integrity of this judgment/order CRM-M-29957-2025 -2- 3. Learned counsel for the petitioner contends that as per the case of the prosecution, the petitioner was allegedly carrying a brickbat and had caused injuries with bricks on the complainant and his son. As per the prosecution, the petitioner caused injury on the right elbow of the complainant, which has been declared to be simple in nature. Apart from that it has been alleged that the petitioner threw a brickbat on the head of the injured and he suffered an injury on the head as well. However, no injury to the deceased has been attributed to the petitioner. The petitioner was arrested in the present case on 08.05.2025 and is in custody since than. As per learned counsel, the challan has been presented in the present case. By referring to order Annexure P-5, he submits that Parvej Masih, main accused has been granted the concession of bail by this Court on 22.04.2025 in CRM-M-59942-2024. 4. On the other hand, learned State counsel assisted by learned counsel for the complainant have 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 submits that the petitioner is not involved in any other criminal case. He has also filed status report by way of an affidavit of the Deputy Superintendent of Police, Sub Division Dina Nagar, District Gurdaspur on behalf of the respondent-State and the same is taken on record. 5. I have heard the learned counsel for the parties and perused the record carefully. 6. In the present case, the petitioner had allegedly caused injury on the right elbow and head to the injured namely Nathanial Masih. The main VIPIN KUMAR 2025.07.16 18:56 I attest to the accuracy and integrity of this judgment/order CRM-M-29957-2025 -3- accused Parvej Masih has already been granted the concession of bail by this Court vide order dated 22.04.2025 (Annexure P-5). Even no injury has been caused to the deceased by the petitioner. Thus, the further custody of the petitioner will not serve any useful purpose. 7. Without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned. 15.07.2025 (N.S. SHEKHAWAT) vipin JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No VIPIN KUMAR 2025.07.16 18:56 I attest to the accuracy and integrity of this judgment/order