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2025 DAILYLAW 68708 (PNJ)

SUKHDEEP SINGH ALIAS SUKHA v. STATE OF PUNJAB

CRM-M/32024/2025 · 2025-08-05

Sanjay Vashisth

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Judgment text

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CRM-M-32024-2025 - 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 241 CRM-M-32024-2025 Date of decision: 05.08.2025 SUKHDEEP SINGH ALIAS SUKHA ....Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. Bhupinder Ghai, Advocate for the petitioner. Mr. Manjinder Singh Bhullar, DAG, Punjab. SANJAY VASHISTH. J.(Oral) 1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner(s) FIR No. Date Section(s) Police Station District SUKHDEEP SINGH ALIAS SUKHA 0003 15.02.2025 109, 126(2), 324 (4), 191(3), 190, 303(2), 351(2) of BNS and Sections 25 and 27 of Arms Act, 1959 Sadar Budhlada Mansa, Punjab 2. Learned counsel for the petitioner contends that name of the petitioner is not there in the FIR and case of the prosecution is that it was co- accused Raminder Singh, who had fired shot, though no injury was suffered by AMANDEEP GOSAIN 2025.08.06 10:05 I attest to the accuracy and integrity of this order/judgment CRM-M-32024-2025 - 2- anyone because of the said fire shot. He further submits that said co-accused-Raminder Singh has already been ordered to be released on bail by the Co-ordinate Bench of this Court, vide order dated 20.05.2025, passed in CRM-M-26525-2025 (Annexure P-9). He also submits that no active role is attributed to the petitioner, except of handing over of the fire arm by Raminder Singh to petitioner after its use. Investigation in the instant case is complete and final report has been submitted but the process of recording of statement of the witnesses is yet to start. Petitioner is inside jail since 06.03.2025 and has suffered incarceration of approximately 05 months. Another co-accused namely, Gurvinder Singh @ Gurwinder Singh @ Kalu has also been granted bail by the Co-ordinate Bench of this Court vide order dated 29.05.2025 (Annexure P-10). 3. On advance notice and in response to the arguments addressed by learned counsel for the petitioner, Mr. Manjinder Singh Bhullar, DAG, Punjab, produces the custody certificate dated 04.08.2025 in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has already been handed over to the counsel for the petitioner. As per custody certificate, petitioner has already undergone 04 months and 28 days period inside jail. 4. None of the factual aspects apprized by the counsel for the petitioner or even referred from the paperbook have been controverted by learned State counsel. 5. This Court has heard the learned counsel for the parties concerned, and has gone through the instant petition. AMANDEEP GOSAIN 2025.08.06 10:05 I attest to the accuracy and integrity of this order/judgment CRM-M-32024-2025 - 3- 6. Looking at the role attributed to the petitioner, nature of allegations and the fact that main accused has already been granted bail and factors noticed hereinabove, I deem it appropriate to grant the concession of bail to the petitioner. Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 7. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 8. Any of the discussion done and recorded hereabove, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. 9. Petition stands disposed of. (SANJAY VASHISTH) 05.08.2025 JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AMANDEEP GOSAIN 2025.08.06 10:05 I attest to the accuracy and integrity of this order/judgment