IN THE HIGH COURT OF PUNJAB AND HARYANA 211 SUKHPREET SINGH @ SUKHI STATE OF PUNJAB CORAM: HON’BLE MRS. JUSTICE MANISHA BATRA Present : Ms. Gurleen Dhanoa, Advocate for the petitioner. Ms. Ruchika Sabherwal, Sr. D.A.G., Punjab. MANISHA BATRA, J. (oral) 1. This is the first petition filed under Section 483 of Nagarik Suraksha Sanhita, 2023 (for the petitioner in case arising out of FIR No.73 dated 03.11.2022 registered under Section 302, 460, 148, 149, 411 and 120 Sehna, District Barnala. 2. As per the allegations, in the mor complainant-Lachman Dass was present in his house along with his wife Amarjit Kaur. She was in the kitchen. On hearing some towards her but two unknown persons grabbed his arms and tied his limbs with a cloth whereas two more persons caught hold of his wife. One of them covered her face with some piece of cloth. She stopped breathing and had fallen down in the kitchen. Those persons also covered his face and after taking away some gold ornaments, watch identity car account passbook etc., they fled away. A case under Sections 302, 411, 418, 460 read with Section 120B and 149 of IPC was registered. After registration of FIR, investigation proceedings, were initiated. During the course of IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.34300 of 2024 Date of decision: 28.03.2025 SUKHPREET SINGH @ SUKHI Versus STATE OF PUNJAB CORAM: HON’BLE MRS. JUSTICE MANISHA BATRA Ms. Gurleen Dhanoa, Advocate for the petitioner. Ms. Ruchika Sabherwal, Sr. D.A.G., Punjab. **** MANISHA BATRA, J. (oral) This is the first petition filed under Section 483 of Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) the petitioner in case arising out of FIR No.73 dated 03.11.2022 registered under Section 302, 460, 148, 149, 411 and 120 Sehna, District Barnala. As per the allegations, in the mor Lachman Dass was present in his house along with his wife Amarjit Kaur. She was in the kitchen. On hearing some towards her but two unknown persons grabbed his arms and tied his limbs with eas two more persons caught hold of his wife. One of them covered her face with some piece of cloth. She stopped breathing and had fallen down in the kitchen. Those persons also covered his face and after taking away some gold ornaments, watch identity car account passbook etc., they fled away. A case under Sections 302, 411, 418, 460 read with Section 120B and 149 of IPC was registered. After registration of FIR, investigation proceedings, were initiated. During the course of IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.34300 of 2024 Date of decision: 28.03.2025 …. Petitioner …. Respondent CORAM: HON’BLE MRS. JUSTICE MANISHA BATRA Ms. Gurleen Dhanoa, Advocate for the petitioner. Ms. Ruchika Sabherwal, Sr. D.A.G., Punjab. This is the first petition filed under Section 483 of Bharatiya ‘BNSS’) for grant of regular bail to the petitioner in case arising out of FIR No.73 dated 03.11.2022 registered under Section 302, 460, 148, 149, 411 and 120-B of IPC, at Police Station As per the allegations, in the morning of 03.11.2022, the Lachman Dass was present in his house along with his wife Amarjit Kaur. She was in the kitchen. On hearing some screams, he rushed towards her but two unknown persons grabbed his arms and tied his limbs with eas two more persons caught hold of his wife. One of them covered her face with some piece of cloth. She stopped breathing and had fallen down in the kitchen. Those persons also covered his face and after taking away some gold ornaments, watch identity card of his wife and bank account passbook etc., they fled away. A case under Sections 302, 411, 418, 460 read with Section 120B and 149 of IPC was registered. After registration of FIR, investigation proceedings, were initiated. During the course of Bharatiya for grant of regular bail to the petitioner in case arising out of FIR No.73 dated 03.11.2022 registered B of IPC, at Police Station ning of 03.11.2022, the Lachman Dass was present in his house along with his wife he rushed towards her but two unknown persons grabbed his arms and tied his limbs with eas two more persons caught hold of his wife. One of them covered her face with some piece of cloth. She stopped breathing and had fallen down in the kitchen. Those persons also covered his face and after d of his wife and bank account passbook etc., they fled away. A case under Sections 302, 411, 418, 460 read with Section 120B and 149 of IPC was registered. After registration of FIR, investigation proceedings, were initiated. During the course of Jyoti 2025.04.02 17:33 I attest to the accuracy and integrity of this document investigation, one Sukhdev Dass recorded his statement before the Police who disclosed that the accused Harjinder Singh @ Sukha, Harbans Singh @ Bansi, Kuldeep Singh @ Maddi, Sukhwinder Singh Satti and Satwinder Singh had made extra judicial involvement in the commission of offence of committing burglary in the house of the victim and killing her. The complainant also recorded his supplementary statement disclosing the names of Harjinder Singh @ Sukha, Talli, Harbans Singh @ Bansa and Kuldeep Singh. On the basis of their statements, the petitioner and co investigation, Harjinder Singh, Harbans Singh and Gurdeep Singh were arrested. They suffered disclosur the subject crime and got recovered some of the looted articles. As per disclosure statement made by the accused Harjinder Singh, the petitioner along with co-accused Satwinder Singh had stood guard outside the h complainant at the time of commission of offences. The petitioner was arrested on 05.11.2022. Investigation stands concluded. Challan has been presented before the trial Court. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody since 05.11.2022. He was not named in the FIR. He has a permanent absconding. The trial will take consid deserves to be released on bail. 4. Status report has been filed. Learned State counsel has argued that there are serious allegations against the petitioner. He is a habitual offender since 6 criminal cases had CRM-M No.343200 of 2024 ation, one Sukhdev Dass recorded his statement before the Police who disclosed that the accused Harjinder Singh @ Sukha, Harbans Singh @ Bansi, Kuldeep Singh @ Maddi, Sukhwinder Singh Satti and Satwinder Singh had made extra judicial confession before him admitting their involvement in the commission of offence of committing burglary in the house of the victim and killing her. The complainant also recorded his supplementary statement disclosing the names of Harjinder Singh @ Sukha, , Harbans Singh @ Bansa and Kuldeep Singh. On the basis of their statements, the petitioner and co-accused were nominated. During the investigation, Harjinder Singh, Harbans Singh and Gurdeep Singh were arrested. They suffered disclosure statements admitting their involvement in the subject crime and got recovered some of the looted articles. As per disclosure statement made by the accused Harjinder Singh, the petitioner along accused Satwinder Singh had stood guard outside the h complainant at the time of commission of offences. The petitioner was arrested on 05.11.2022. Investigation stands concluded. Challan has been presented before the trial Court. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody since 05.11.2022. He was not named in the FIR. He has a permanent abode. absconding. The trial will take considerable time, therefore, it is argued that he deserves to be released on bail. Status report has been filed. Learned State counsel has argued that there are serious allegations against the petitioner. He is a habitual offender since 6 criminal cases had been registered against him and he was convicted in No.343200 of 2024 -2- ation, one Sukhdev Dass recorded his statement before the Police who disclosed that the accused Harjinder Singh @ Sukha, Gurdeep Singh @ Talli, Harbans Singh @ Bansi, Kuldeep Singh @ Maddi, Sukhwinder Singh Satti and confession before him admitting their involvement in the commission of offence of committing burglary in the house of the victim and killing her. The complainant also recorded his supplementary statement disclosing the names of Harjinder Singh @ Sukha, Gurdeep Singh @ , Harbans Singh @ Bansa and Kuldeep Singh. On the basis of their accused were nominated. During the investigation, Harjinder Singh, Harbans Singh and Gurdeep Singh were e statements admitting their involvement in the subject crime and got recovered some of the looted articles. As per disclosure statement made by the accused Harjinder Singh, the petitioner along accused Satwinder Singh had stood guard outside the house of the complainant at the time of commission of offences. The petitioner was arrested on 05.11.2022. Investigation stands concluded. Challan has been presented It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody since 05.11.2022. He was not abode.There are no chances of his erable time, therefore, it is argued that he Status report has been filed. Learned State counsel has argued that there are serious allegations against the petitioner. He is a habitual offender been registered against him and he was convicted in ation, one Sukhdev Dass recorded his statement before the Police who , Harbans Singh @ Bansi, Kuldeep Singh @ Maddi, Sukhwinder Singh Satti and confession before him admitting their involvement in the commission of offence of committing burglary in the house of the victim and killing her. The complainant also recorded his supplementary rdeep Singh @ , Harbans Singh @ Bansa and Kuldeep Singh. On the basis of their accused were nominated. During the investigation, Harjinder Singh, Harbans Singh and Gurdeep Singh were e statements admitting their involvement in the subject crime and got recovered some of the looted articles. As per disclosure statement made by the accused Harjinder Singh, the petitioner along ouse of the complainant at the time of commission of offences. The petitioner was arrested on 05.11.2022. Investigation stands concluded. Challan has been presented It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody since 05.11.2022. He was not There are no chances of his erable time, therefore, it is argued that he Status report has been filed. Learned State counsel has argued that there are serious allegations against the petitioner. He is a habitual offender been registered against him and he was convicted in Jyoti 2025.04.02 17:33 I attest to the accuracy and integrity of this document three of such cases. There are chances of his committing similar offences, if extended benefit of bail. With these broad submissions, it is urged that he does not deserve to be released on bail. 5. I ha 6. The petitioner is alleged to have hatched a conspiracy with the co-accused and in pursuance thereof, all of them are alleged to have committed the offences of lurking house trespass by e complainant in the intervening night of 02/03.11.2022 and death of the wife of the complainant is alleged to have been caused while committing offences of dacoity/robbery. The prosecution version is that the petitioner stood gua the outside of the house of the complainant at the relevant time to facilitate looting in the house of the complainant. The allegations against the petitioner are quite grave. Keeping in view the nature of allegations, the quantum of sentence which t circumstances but without making any comments on the merit of the case, lest they prejudice the trial, I am of the considered opinion that the petitioner does not deserve to be extended benefit of the ba is dismissed. 28.03.2025 Jyoti-IV CRM-M No.343200 of 2024 three of such cases. There are chances of his committing similar offences, if extended benefit of bail. With these broad submissions, it is urged that he does not deserve to be released on bail. I have heard learned counsel for the parties at considerable length. The petitioner is alleged to have hatched a conspiracy with the accused and in pursuance thereof, all of them are alleged to have committed the offences of lurking house trespass by e complainant in the intervening night of 02/03.11.2022 and death of the wife of the complainant is alleged to have been caused while committing offences of dacoity/robbery. The prosecution version is that the petitioner stood gua the outside of the house of the complainant at the relevant time to facilitate looting in the house of the complainant. The allegations against the petitioner are quite grave. Keeping in view the nature of allegations, the quantum of sentence which the conviction may entail and the attendant facts and circumstances but without making any comments on the merit of the case, lest they prejudice the trial, I am of the considered opinion that the petitioner does not deserve to be extended benefit of the bail. Accordingly, the present petition (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No No.343200 of 2024 -3- three of such cases. There are chances of his committing similar offences, if extended benefit of bail. With these broad submissions, it is urged that he does ve heard learned counsel for the parties at considerable length. The petitioner is alleged to have hatched a conspiracy with the accused and in pursuance thereof, all of them are alleged to have committed the offences of lurking house trespass by entering in the house of the complainant in the intervening night of 02/03.11.2022 and death of the wife of the complainant is alleged to have been caused while committing offences of dacoity/robbery. The prosecution version is that the petitioner stood guard at the outside of the house of the complainant at the relevant time to facilitate looting in the house of the complainant. The allegations against the petitioner are quite grave. Keeping in view the nature of allegations, the quantum of he conviction may entail and the attendant facts and circumstances but without making any comments on the merit of the case, lest they prejudice the trial, I am of the considered opinion that the petitioner does il. Accordingly, the present petition (MANISHA BATRA) JUDGE Yes/No. Yes/No three of such cases. There are chances of his committing similar offences, if extended benefit of bail. With these broad submissions, it is urged that he does The petitioner is alleged to have hatched a conspiracy with the accused and in pursuance thereof, all of them are alleged to have committed ntering in the house of the complainant in the intervening night of 02/03.11.2022 and death of the wife of the complainant is alleged to have been caused while committing offences of rd at the outside of the house of the complainant at the relevant time to facilitate looting in the house of the complainant. The allegations against the petitioner are quite grave. Keeping in view the nature of allegations, the quantum of he conviction may entail and the attendant facts and circumstances but without making any comments on the merit of the case, lest they prejudice the trial, I am of the considered opinion that the petitioner does il. Accordingly, the present petition Jyoti 2025.04.02 17:33 I attest to the accuracy and integrity of this document