CRM-M-37312-2025 & 1 connected cases. 215 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1) CRM-M-37312-2025 Date of Decision: 27.08.2025 KULDEEP SINGH ......... Petitioner Versus STATE OF PUNJAB ..... Respondent 2) CRM-M-37464-2025 MAHINDER SINGH …...Petitioner Versus STATE OF PUNJAB ….Respondent 3) CRM-M-37565-2025 BHAJAN SINGH …..Petitioner Versus STATE OF PUNJAB ….Respondent CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present : Mr. Vikas Gupta, Advocate for the petitioner(s). Mr. Rahul Jindal, AAG, Punjab. Mr. Amit Arora, Advocate for the complainant(s). **** YASHVIR SINGH RATHOR , J. (Oral) 1. By this common order, above noted bail applications shall be adjudicated as the same have arisen out of the same FIR. 2. The jurisdiction of this Court has been invoked under Section 483 BNSS, 2023 for grant of regular bail to the petitioners in FIR No.92, dated 04.06.2025, under Sections 109, 351(2), 191(3) and 190 of BNS, 2023 and Sections 25 and 27 of Arms Act, 1959, registered at Police Station Bhikhiwind, District Tarn Taran (Annexure P-1). Asgar Ali 2025.08.28 08:44 I attest to the accuracy and integrity of this document CRM-M-37312-2025 & 2 connected cases. 3. Learned counsel for the petitioner as well as learned State counsel alongwith learned counsel for the complainant have been heard and material collected by the police during investigation has been perused. 4. Prosecution story as per the version in the FIR as under:- “Statement of Lakbhir Singh S/o Gurbakhsh Singh resident of Chella, Police Station Bhikhiwind, aged about 50 years, Mobile No. 90560- 69197 states that I am resident of abovementioned address and a former member of the Village Panchayat and do work of agriculture. In our village, there is panchayat land measuring approximately four acres which has been forcibly and illegally occupied by Jujbir Singh S/o Mahinder Singh, resident of Chella, for the past 10-12 years. Our village panchayat had regained this land. That on 03.06.2025, time would be around 4:15 to 4:30 PM, I along with the village panchayat members including Sarpanch Prabhdeep Singh S/o Charanjit Singh, Surjit Singh Bhullar (former Sarpanch) S/o Gurpal Singh, Palwinder Singh (Panch) S/o Hardyal Singh, Ranjit Singh (Panch) S/o Joginder Singh, Sarbjit Singh S/o Sardool Singh, and Jarnail Singh (Panch) S/o Salwant Singh went to inspect the village panchayat land. At that time, Jujbir Singh S/o Mahinder Singh along with Jujhar Singh S/o Jujbir Singh armed with a kirpan, Mahinder Singh S/o Chanan Singh, Gurjant Singh S/o Joginder Singh armed with a kirpan, Inderbir Singh and Satnam Singh armed with datar resident of Chella and Karaj Singh armed with datar resident of Maluwal, Police Station Jhabal, Ranjot Singh @ Jota S/o Sarbjit Singh, resident of Basarke, Police Station Khalra, Kuldeep Singh @ Shera S/o Balkar Singh, resident of Pehlwan Ke, Bhajan Singh S/o Bahal Singh resident of Kamalpur, Ramit S/o Kuldeep Rai resident of Bhikhiwind, and about 10-15 other unidentified individuals armed with rods and kirpans were already Asgar Ali 2025.08.28 08:44 I attest to the accuracy and integrity of this document CRM-M-37312-2025 & 3 connected cases. present in the behak of Jujbir Singh. When we reached near the panchayat land, we saw that Jujbir Singh by watering the land was unlawfully sowing paddy in the panchayat land. When we tried to stop him from doing so, then Mahinder Singh raised lalkara and said that teach a lesson to the village panchayat for regaining land and not allowing us to sow paddy. In the meantime, Jujbir Singh brought a 315 bore rifle from his house and started firing at us with the intention to kill. The bullets went above the head and one fire shot hit the neck and ear of Sarpanch Prabhdeep Singh then we raised alarm of 'Maar Dita Maar Dita' then all the accused alongwith their weapons and in their car bearing No. PB46AJ4346, while giving threats ran away from the spot. We arranged the vehicle and took injured Sarpanch Prabhdeep Singh and admitted him to Private Simran Hospital, where he is under treatment. The reason behind grudge is that our village panchayat had regained the illegal possession of panchayat land from JujbirSingh and had stopped him from further cultivation. Jujbir Singh has committed a serious crime by firing upon Sarpanch Prabhdeep Singh and others with an intent to kill. Legal action should be taken against all of them and justice be delivered to us. I alongwith panchayat were coming to you and you met us. Statement has been recorded, heard, read and is correct. I am claimant. Sd/- Lakhbir Singh abovesaid. Witness Sd/- Palwinder Singh 9876576900. Witness Sd/- Ranjit Singh 9855923356. Attested Sd/- Manoj Kumar INSP, SHO Police Station Bhikhiwind. Dated 04.06.2025” 5. Learned counsel for the petitioners argued that they have been falsely implicated in the present case. The dispute is of civil nature. The dispute with the Gram Panchayat was over possession of four acres of land and as per FIR, Panchayat had taken possession of the land from Asgar Ali 2025.08.28 08:44 I attest to the accuracy and integrity of this document CRM-M-37312-2025 & 4 connected cases. Jujbir Singh who is son of petitioner Mahinder Singh who was allegedly in possession of the land for the last 10-12 years. However, no order of any Court or Competent Authority under Punjab Village Common Lands Act has been obtained by the Gram Panchayat. False averment has been made regarding regaining of possession and infact, it is the accused party which is in possession over the suit land. Jujbir Singh had filed a civil suit and Court of Civil Judge (Jr. Divn.), Patti vide order dated 31.05.2023 has directed the parties to maintain status quo regarding possession and the complainant alongwith other members of the Gram Panchayat had come to dispossess them when the occurrence in question took place. Learned counsel next contended that only lalkara is attributed to petitioner Mahinder Singh and no overtact is attributed to him and petitioners namely Kuldeep Singh and Bhajan Singh. Similarly situated accused namely Karaj Singh, Gurjant Singh and Kinderbir Singh have been released on anticipatory bail by a Coordinate Bench of this Court. Petitioners who are in custody since 04.06.2025 are, thus, entitled to be released on bail on the ground of parity. 6. On the other hand, learned State counsel assisted by learned counsel for the complainant has opposed the bail and argued that petitioners have committed a heinous offence. The investigation is still pending and main accused Jujbir Singh has not been arrested and all the accused in prosecution of the common object of unlawful assembly while armed with deadly weapons have committed the offence in question. One gunshot was fired by Jujbir Singh which hit Prabhdeep Singh Sarpanch of the village. Investigation is still pending and petitioners, thus, may interfere with investigation and try to win over the witnesses and they do Asgar Ali 2025.08.28 08:44 I attest to the accuracy and integrity of this document CRM-M-37312-2025 & 5 connected cases. not deserve to be released on bail. 7. Petitioners are in custody since 04.06.2025. As to who amongst the parties was in possession is in dispute. The Civil Court has already directed the parties to maintain status quo regarding possession. As per version in the FIR, the accused party was in possession of land in question for the last 8/10 years and Gram Panchayat claims to have taken possession of the land but no material has been placed on file to show that possession has been taken over by the Gram Panchayat. It will, thus, be a debatable question during the trial as to who was in possession and as to who was the aggressor. Three of the co-accused whose case is identical to that of petitioner have already been granted the concession of anticipatory bail. The investigation and trial is likely to take sufficiently long time to conclude and no useful purpose will, thus, be served by keeping the petitioners in custody. 8. Having regard to the aforesaid factual position, but without commenting anything on the merits of the case, the bail applications are allowed and petitioners are ordered to be released on bail on their furnishing bail bonds and surety bonds to the satisfaction of learned Trial Court/Duty Magistrate concerned, on usual terms and conditions. (YASHVIR SINGH RATHOR) JUDGE 27.08.2025 Ali Whether speaking/reasoned Yes/No Whether Reportable Yes/No Asgar Ali 2025.08.28 08:44 I attest to the accuracy and integrity of this document