CRM-M-44686-2024 ::1:: (222) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-44686-2024 Date of Decision: 04.08.2025 RAVINDER SINGH ... Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Manpreet Singh Sidhu, Advocate for the petitioner. Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab. **** JASJIT SINGH BEDI, J. The prayer in the second petition under Section 439 Cr.P.C. is for the grant of regular bail in case bearing FIR No.130 dated 07.10.2021 registered under Sections 302, 379B, 341, 323, 34 IPC, 1860 at Police Station Bhadson, District Patiala.. 2. The present FIR came to be registered at the instance of Harjinder Singh Das S/o Bhagwan Das and the same reads as under:- “Stated That I Harjinder Singh Dass S/o Bhagwan Dass r/o village Halotali, Tehsil Nabha, District Patiala aged about 53 years, Mobile No.9478413593. Stated that I am r/o of afore-mentioned address. I am a hardworking laborer, I live with my family. My brother Jagdish along with his family reside separately. His elder son namely Sukhchain dass @ Channi aged 35 years r/o village halotali and is married. About 10-11 years he was working at Madhav Factory village chehal near toll plaza. He was JITESH LAL 2025.08.07 13:18 I attest to the accuracy and integrity of this document CRM-M-44686-2024 ::2:: having a bullet motorcycle bearing no. PB34-B-3254 black colored. he used to go to my work on the above mentioned motorcycle. he used to reach home around 9 pm, his duty used to get off at 8:30 pm. Yesterday 06/10/2021, While returning from work to his village/home. After crossing village chaswal from Chloe Bridge from side of village Sudhewal at about distance of 1 killa, time about 9 pm motorcycle of Sukhchain Dass @ Channi was stopped by unknown persons. Binder singh S/o Lakha R/o village sudhewal were seen fighting With Sukhchain Singh Dass on that spot. Who saw the person/s that fled after snatching the motorcycle of Sukhchain Singh @Channi. Karamjit S/o Gurdev Singh R/o village sudhewal and Ravinder Dass S/o Ranjit Dass R/o village sudhewal who were in the middle of road covered with blood, on knowing this me along my brother Jagdish Das S/o Bhagwan Das and my nephew Avatar Das S/o Siyam Das R/o village halotali reached at spot. On spot other people of village halotali from whom Budh ram S/o Darvesh Das r/o village halotali was taking my nephew Sukhchain Das who was in an injured condition, by ambulance 108 to Bhadson for treatment. We also reached the hospital Bhadson where doctors informed about death of my nephew Sukhchain Das @ Channi. Left Side of body of my nephew Sukhchain Das @ Channi was stabbed by some sharp object. Who was surrounded on his way and beaten by unknown person/s and took away bullet motorcycle by snatching. Statement in presence of my brother Jagdish Das S/O Bhagwan Das r/o village Halotali.” 3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. In fact, he was arrested in JITESH LAL 2025.08.07 13:18 I attest to the accuracy and integrity of this document CRM-M-44686-2024 ::3:: another case bearing FIR No.221 dated 17.10.2021 U/s 399, 402, 412 IPC 25, 54, 59 Arms Act, P.S. Passiana, Patiala and during the police remand in that case, Mehnga Singh, Kamalpreet Singh @ Kamal and Ravinder Singh @ Harry (petitioner) suffered their statements in police custody about the present incident on which they were nominated as accused on 26.10.2021. He contends that Binder Singh the only eye witness of the occurrence was examined as PW-5 and has not supported the prosecution case. As the petitioner is in custody since 26.10.2021 but only 11 of the 33 prosecution witnesses have been examined so far, the Trial of the present case is not likely to be concluded any time soon and therefore, he is entitled to the concession of bail. 4. On the other hand, the learned State counsel contends that while it is true that Binder Singh (PW-5) did not support the prosecution case, the statement of Prithi Chand was recorded as PW-4, who while deposing in Court categorically stated that he had seen three persons wearing blood- stained clothes on the night of the occurrence i.e. 06.10.2021 and identified the present petitioner along with the other accused during the said deposition. He further contends that on the arrest of the petitioner, the recovery of bloodstained clothes and a sharp edged weapon also stained with blood was effected from the petitioner. Therefore, the petitioner is not entitled to the concession as prayed for. He, however, contends that the petitioner was in JITESH LAL 2025.08.07 13:18 I attest to the accuracy and integrity of this document CRM-M-44686-2024 ::4:: custody since 26.10.2021 and that only 11 of the 33 prosecution witnesses have been examined so far. 5. I have heard the learned counsel for both the parties at length. 6. A perusal of the material on record would reveal that though Binder Singh (PW5) has not supported the prosecution case, the statement of Prithi Chand was recorded under Section 161 Cr.P.C. on 07.10.2021 to the effect that he had seen three persons wearing clothes stained with blood on two bullet motorcycles near the place of the occurrence and on seeing him they had sped away. He reiterated his version when he was examined as PW4 before the Trial Court and duly identified the petitioner and other accused. The recovery of a sharp edged weapon stained with blood has been effected on the disclosure statement of the petitioner along with his clothes. As many as 11 of the 33 prosecution witnesses already stand examined and therefore, the Trial of the present case is likely to be concluded soon. Further, the petitioner has criminal antecedents being an accused in FIR No.221 dated 17.10.2021 U/s 399, 402, 412 IPC 25, 54, 59 Arms Act, P.S. Passiana, Patiala and FIR No.329 dated 03.11.2022 U/s 22 NDPS Act, P.S. Tripuri, Patiala. 7. In view of the above, I find no merit in the present petition. Therefore, the same stands dismissed. The order dated 28.04.2025 granting interim bail to the petitioner stands recalled and the petitioner is directed to surrender forthwith. (JASJIT SINGH BEDI) 04.08.2025 JUDGE JITESH Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No JITESH LAL 2025.08.07 13:18 I attest to the accuracy and integrity of this document