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High Court of Punjab and Haryana · body

2025 DAILYLAW 76960 (PNJ)

HARDEEP SINGH @ ARSHI SRAN v. STATE OF PUNJAB

CRM-M/36069/2025 · 2025-08-19

N S Shekhawat

Transfer Petitionbody2025

Judgment text

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CRM M-36069 of 2025 and connected case -1- 242+261 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-36069 of 2025 Date of Decision: 19.08.2025 1. Hardeep Singh @ Arshi Sran ...Petitioner Versus State of Punjab ... Respondent CRM M-43827 of 2025 2. Harmandeep Singh @ Harman ...Petitioner Versus State of Punjab ... Respondent CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present : Mr. P.K.S. Phoolka, Advocate for the petitioner in CRM M-36069 of 2025. Mr. Sumeetpal Singh Sidhu, Advocate for the petitioner in CRM M-43827 of 2025. Mr. I.P.S. Sabharwal, DAG, Punjab. N.S.SHEKHAWAT , J. (Oral) 1. This order shall dispose off two petitions, i.e., CRM M-36069 of 2025 titled as “Hardeep Singh @ Arshi Sran Vs. AMIT RANA 2025.08.22 10:44 I attest to the accuracy and authenticity of this judgement/order CRM M-36069 of 2025 and connected case -2- State of Punjab”, and CRM M-43827 of 2025 titled as “Harmandeep Singh @ Harman Vs. State of Punjab” whereby, the petitioners have prayed for grant of bail in case FIR No.176 dated 14.12.2024 under Section 140(3), 109, 118(1), 115(2), 190, 191(3), 351(3), 118(2) and 117(2) of BNS, 2023, registered at Police Station Civil Lines, Bathinda, District Bathinda. 2. The FIR in the present case has been registered on the basis of the statement made by Manpreet Singh and the same has been reproduced below:- “Statement of Manpreet Singh S/o Lakhwinder Singh S/o Visakha Singh resident of village Mallan District Sri Muktsar Sahib aged about 21 years 185285-80737 stated that I am a resident of the said address and study in BA Final at DAV College Bathinda Since our BA Il is a review paper, I am going to give the paper around 1-1/2 o'clock, when I reached the gate of DAV college. When I started to enter, an unknown boy outside the gate dragged me from the back and another unknown boy grabbed me by the arm and threw me into the car parked in front of the college on the other side, a white Swift Dzire in which Unidentified boys were sitting, but a person from KotBhai village Sita was sitting on the steering wheel, whom I already know, then a white verna car was standing next to their car. In that car was Harman from Gulabgadh, Arshi and Ratan from Harman and BibiWala from Prince came down and spoke to Sita, and let's take him to 400 kille which is on Mansa Road, let us follow you with the car, then there Sita will kill on AMIT RANA 2025.08.22 10:44 I attest to the accuracy and authenticity of this judgement/order CRM M-36069 of 2025 and connected case -3- saying of Harman etc. With the intention of being abducted I was taken to 400 killa, when I cried in the car, unknown persons covered my mouth and took me 400 killa at Mansa Road. After which they brought their car near bushes and stopped it. One of the unknown people pulled me from my hair out of the car and dragged me down where 8-10 people were already standing there, including Harman from Gulabgarh, Prince, Arshi and Ratan from. Bibiwala With Kripana, Rods and Daang in their hand, Sita of Gulabgarh took out the weapon (Grari Rod) from the car and hit me on my right leg and I fell down after which Harman said to Pita that today we have to kill him, then Harman hit me directly with the kirpan in his hand for which during my defence when I put my right arm to save myself but it hit me on my right wrist and I got a very deep pain and Blood started flowing fast, I started screaming, then everyone started laughing, then Arshi cursed and held the kirpan in his hand, with the intention of killing me. I did and I raised my right hand to save myself. If my right hand was hit, then Ratan hit me with the Rod in his hand for which I had my face but the road got hit on my rest again.during this when I was lying on ground I was hit by a baseball bat which hit my right ankle and then all the said and 8/10 unidentified persons joined forces to assault me with dangerous weapon to kill me during which I became unconscious and all the said men placed their feet on my chest and made a video. I kept pleading with all the men in the state of unconsciousness and Harman threatened me that if you give any statement to the police, then the result of that would be even worse AMIT RANA 2025.08.22 10:44 I attest to the accuracy and authenticity of this judgement/order CRM M-36069 of 2025 and connected case -4- from today's beating, all the people thought I was dead, and on and on that occasion all three of the cars swift verna and Alto went away from the spot and, they went there with their own weapons making Lalkaar (Shouting). In a state of unconsciousness, I told my friend Watan from Mallan about my location, who then told someone in the college, then Maninder Singh came by chance, before coming he first told me at my house and he arranged for me to ride. I was taken to the government hospital where my father was present who admitted me to the government hospital Bathinda for treatment and due to my condition, the doctor admitted me and I was admitted by my hair to Cosmos Hospital Bathinda. They brought me to where my treatment is presently going on. The fact is that a case was that a case registered against Arshi by DAV College, Bathinda. To which arshi said to me that the case was registered on my statement to the police on which the case was registered against them. As a Result of which Sita Resident of Bibiwala Harman resident of Gulabgarh, Prince resident BibiwalaRatan and Arsi along with 8/10 of their companions kidnapped DAV College Bathinda with the intention of killing me. By taking 400 killas to Bathinda and beating me with the intention of killing me. I can identify the unknown people from their appearances. Manpreet Singh the said statement SD/- Maninder Singh S/O Harmandar Singh Resident of Amargat (Mallan) District Sri Muktsar Sahib Main 7814831957.” 3. Learned counsel appearing on behalf of Hardeep Singh @ Arshi Sran (petitioner in CRM M-36069 of 2025) submits that as AMIT RANA 2025.08.22 10:44 I attest to the accuracy and authenticity of this judgement/order CRM M-36069 of 2025 and connected case -5- per the allegations levelled by the complainant, the petitioner was armed with Kirpan and he gave blow with Kirpan on the right hand of the complainant. However, the said injury has been declared to be simple in nature. The petitioner is attributed only one injury, which is on the non-vital part of the body. The petitioner was arrested on 05th Feburary 2025 and is in custody since last 06 months. 4. Learned counsel appearing on behalf of Harmandeep Singh @ Harman (petitioner in CRM M-43827 of 2025) submits that the petitioner was allegedly carrying a sword and gave an injury on the right hand of Manpreet Singh complainant and the said injury has been declared to be grievous in nature. However, the complainant discharged from the hospital and he is hail and hearty. Learned counsel for the petitioner further contends that the petitioner was arrested on 27.01.2025 and is in custody since then. The challan has already been presented against the petitioner. 5. I have heard learned counsel for the parties and perused the record. 6. In the present case, the petitioners are stated to be in custody for the last more than 06 months and Manpreet Singh, complainant has been discharged from the hospital long ago. Even, the challan has been presented against both the petitioners and their custody is not required for the purpose of investigation. 7. In view of the above, without commenting any further on the merits, the present petitions are allowed and the petitioners are AMIT RANA 2025.08.22 10:44 I attest to the accuracy and authenticity of this judgement/order CRM M-36069 of 2025 and connected case -6- 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. 19.08.2025 (N.S.SHEKHAWAT) amit rana JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No AMIT RANA 2025.08.22 10:44 I attest to the accuracy and authenticity of this judgement/order