CRM CRM CRM CRM----M M M M----43831 43831 43831 43831---- 234 234 234 234 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA Mandeep Singh State of Punjab CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 1. Bharatiya Nagarik Suraksha Sanhita, regular bail to the petitioner in case FIR No. under Sections ‘BNS’) and Sections 25/ 54/ 59 Act’), at Police Station 2. petition by the ----2025 2025 2025 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH Date of decision: Date of decision: Date of decision: Date of decision: Singh versus Punjab HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Rishu Mahajan, Advocate for the petitioner. Mr. Jasjit Singh, DAG Punjab. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No. under Sections 109/ 115(2) of the Bharatiya Nyaya Sanhita, 2023 (for short and Sections 25/ 54/ 59A of the Arms Act, 1959 (for short ‘ , at Police Station Sultanwind, Amritsar. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows: “Statement of Gurwinder Singh son of Mahinder Singh, resident of Patti Baba Jeewan Singh, near Mata Rani Mandir, Village Sultanwind, Amritsar, aged about 37 years, Mobile NO.96999 resident of said address and do labour work. My younger brother Satnam Singh @ Sajjan, aged about 30 years, who drives an e 04-2025, he had gone to the city to drive an e have been around 3:00 in the afternoon, I was going to the market to buy some goods from my house. When I reached near the turn of Jats' mariyanwala, I saw two unknown young boys with 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT AT AT AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM----M M M M----43831 43831 43831 43831----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: August 19 August 19 August 19 August 19, 2025 , 2025 , 2025 , 2025 ….Petitioner ….Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL for the petitioner. Present petition has been filed under Section 483 of the 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.45 dated 14.04.2025, registered of the Bharatiya Nyaya Sanhita, 2023 (for short of the Arms Act, 1959 (for short ‘Arms Sultanwind, Amritsar. The case set up in the FIR in question (as set out in the present Statement of Gurwinder Singh son of Mahinder Singh, resident of Patti near Mata Rani Mandir, Village Sultanwind, Amritsar, aged about 37 years, Mobile NO.96999-44468. Stated that I am address and do labour work. My younger brother Satnam Singh @ Sajjan, aged about 30 years, who drives an e-rickshaw. On 13- had gone to the city to drive an e-rickshaw as usual. It must afternoon, I was going to the market to buy some goods from my house. When I reached near the turn of Jats' unknown young boys with a motorcycle beating 1111 2025 2025 2025 2025 , 2025 , 2025 , 2025 , 2025 Petitioner ….Respondent Present petition has been filed under Section 483 of the 2023 (for short ‘BNSS’) for grant of , registered of the Bharatiya Nyaya Sanhita, 2023 (for short Arms The case set up in the FIR in question (as set out in the present Statement of Gurwinder Singh son of Mahinder Singh, resident of Patti near Mata Rani Mandir, Village Sultanwind, 44468. Stated that I am address and do labour work. My younger brother Satnam - rickshaw as usual. It must afternoon, I was going to the market to buy some goods from my house. When I reached near the turn of Jats' a motorcycle beating MAHAVIR SINGH 2025.08.19 16:58 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----43831 43831 43831 43831---- youths. After finding out about which 3. is in custody since petitioner has been falsely implicated into the FIR in question. Learned counsel has further is taken to be correct accompanying the co to have fired upon the injured. 4. arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certifi Court today, which is taken on record. 5. available records of the case. ----2025 2025 2025 2025 up my brother Satnam Singh alias Sajjan. Singh alias Sajjan being beaten up. I got scared and shouted, killed" Then, in front of me, one of these young men took out a pistol from his waist and fired at my brother Satnam with the intention to kill him. The bullet from Satnam Singh alias Sajjan in the waist. Due to the bullet injury, he fell on the ground covered in blood and these Satnam Singh alias Sajjan and beat him up, injured him and and took their motorcycle along with the pistol and fled from the spot. I could not read the make and number of the motorcycle of youths. After finding out about which addresses of the accused, I will tell you later. After arranging for my brother Satnam Singh alias Sajjanwas first admitted to the Civil Hospital, Amritsar in an injured condition. The doctor referred Satnam Singh alias Sajjan to Shri Guru Nanak Dev my brother Satnam Singh alias Sajjan above two unidentified young boys riding a motorcycle have done a wrong thing with us by shooting my brother with a pistol and beating him up. Justice be done with me by necessary legal action against them.l have got recorded my statement, read over, which is correct.” Learned counsel for the petitioner has argued that the petitioner is in custody since 15.04.2025. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further iterated that assuming arguendo taken to be correct, the role ascribed to the present petition accompanying the co-accused, namely, Baljit Singh to have fired upon the injured. Thus, regular bail is prayed for. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certifi , which is taken on record. I have heard counsel for the parties and have gone through the available records of the case. 2222 up my brother Satnam Singh alias Sajjan. Seeing my brother Satnam Singh alias Sajjan being beaten up. I got scared and shouted, "killed- killed" Then, in front of me, one of these young men took out a pistol from my brother Satnam Singh alias Sajjan with the intention to kill him. The bullet from the pistol hit my brother Sajjan in the waist. Due to the bullet injury, he fell on the ground covered in blood and these two young boys shot my brother and beat him up, injured him and abused him and took their motorcycle along with the pistol and fled from the spot. I the make and number of the motorcycle of these said youths. After finding out about which and verifying the names and addresses of the accused, I will tell you later. After arranging for a vehicle, Sajjanwas first admitted to the Civil Hospital, Amritsar in an injured condition. The doctor referred Satnam ajjan to Shri Guru Nanak Dev Hospital. I will get the MLR of brother Satnam Singh alias Sajjan later and present it to you. The boys riding a motorcycle have done a very wrong thing with us by shooting my brother Satnam Singh alias Sajjan up. Justice be done with me by taking necessary legal action against them.l have got recorded my statement, read Learned counsel for the petitioner has argued that the petitioner . Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned arguendo, the prosecution version , the role ascribed to the present petitioner is of accused, namely, Baljit Singh @ Babloo, who is stated Thus, regular bail is prayed for. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 19.08.2025 in the I have heard counsel for the parties and have gone through the 2222 Seeing my brother Satnam - killed" Then, in front of me, one of these young men took out a pistol from Singh alias Sajjan the pistol hit my brother Sajjan in the waist. Due to the bullet injury, he fell on two young boys shot my brother abused him and took their motorcycle along with the pistol and fled from the spot. I said verifying the names and a vehicle, Sajjanwas first admitted to the Civil Hospital, Amritsar in an injured condition. The doctor referred Satnam Hospital. I will get the MLR of present it to you. The very h alias Sajjan taking necessary legal action against them.l have got recorded my statement, read Learned counsel for the petitioner has argued that the petitioner . Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned , the prosecution version is of , who is stated Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State the I have heard counsel for the parties and have gone through the MAHAVIR SINGH 2025.08.19 16:58 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----43831 43831 43831 43831---- 6. investigation was carried out and challan was presented on Total 20 prosecution witnesses have been cited till date. It is The rival contention raised at par give rise to debatable issues which shall essentially be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejud forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1. State counsel, the petitioner has already suffered incarceration for a period of 02 months and 29 days petitioner is stated to be involved in antecedents of a person a regular bail petition preferred by him. However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the petitioner in the FIR in question when a case is made bail qua the FIR in question by ratiocinating upon the facts/circumstances of the said FIR. Reliance in this regard can be placed upon the judgment of the Hon’ble Supreme Court in and an and an and an and another, 2012 (1) RCR (Criminal) 586 other, 2012 (1) RCR (Criminal) 586 other, 2012 (1) RCR (Criminal) 586 other, 2012 (1) RCR (Criminal) 586 the Hon’ble Calcutta High Court in case of ----2025 2025 2025 2025 The petitioner was arrested on investigation was carried out and challan was presented on prosecution witnesses have been cited It is thus, indubitable that conclusion of trial will take its own time The rival contention raised at par give rise to debatable issues which shall essentially be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. As per custody certificate dated tate counsel, the petitioner has already suffered incarceration for a period 02 months and 29 days. Further, as per the said custody certificate, the petitioner is stated to be involved in multiple antecedents of a person are required to be accounted for while considering a regular bail petition preferred by him. However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the petitioner in the FIR in question when a case is made the FIR in question by ratiocinating upon the facts/circumstances of the said FIR. Reliance in this regard can be placed upon the judgment of the Hon’ble Supreme Court in Maulana Mohd. Amir Rashadi v. State of U.P. Maulana Mohd. Amir Rashadi v. State of U.P. Maulana Mohd. Amir Rashadi v. State of U.P. Maulana Mohd. Amir Rashadi v. State of U.P. other, 2012 (1) RCR (Criminal) 586 other, 2012 (1) RCR (Criminal) 586 other, 2012 (1) RCR (Criminal) 586 other, 2012 (1) RCR (Criminal) 586; a Division Bench judgment of the Hon’ble Calcutta High Court in case of 3333 The petitioner was arrested on 15.04.2025 whereinafter investigation was carried out and challan was presented on 15.07.2025. prosecution witnesses have been cited, but none has been examined conclusion of trial will take its own time. The rival contention raised at par give rise to debatable issues which shall essentially be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this ice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. As per custody certificate dated 19.08.2025 filed by learned tate counsel, the petitioner has already suffered incarceration for a period per the said custody certificate, the multiple cases/FIRs. Indubitably, the re required to be accounted for while considering a regular bail petition preferred by him. However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the petitioner in the FIR in question when a case is made out for grant of regular the FIR in question by ratiocinating upon the facts/circumstances of the said FIR. Reliance in this regard can be placed upon the judgment of the Maulana Mohd. Amir Rashadi v. State of U.P. Maulana Mohd. Amir Rashadi v. State of U.P. Maulana Mohd. Amir Rashadi v. State of U.P. Maulana Mohd. Amir Rashadi v. State of U.P. ; a Division Bench judgment of the Hon’ble Calcutta High Court in case of Sridhar Das v. State, 1998 (2) Sridhar Das v. State, 1998 (2) Sridhar Das v. State, 1998 (2) Sridhar Das v. State, 1998 (2) 3333 whereinafter . been examined . The rival contention raised at par give rise to debatable issues which shall essentially be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this ice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the .2025 filed by learned tate counsel, the petitioner has already suffered incarceration for a period per the said custody certificate, the . Indubitably, the re required to be accounted for while considering a regular bail petition preferred by him. However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the out for grant of regular the FIR in question by ratiocinating upon the facts/circumstances of the said FIR. Reliance in this regard can be placed upon the judgment of the Maulana Mohd. Amir Rashadi v. State of U.P. Maulana Mohd. Amir Rashadi v. State of U.P. Maulana Mohd. Amir Rashadi v. State of U.P. Maulana Mohd. Amir Rashadi v. State of U.P. ; a Division Bench judgment of Sridhar Das v. State, 1998 (2) Sridhar Das v. State, 1998 (2) Sridhar Das v. State, 1998 (2) Sridhar Das v. State, 1998 (2) MAHAVIR SINGH 2025.08.19 16:58 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----43831 43831 43831 43831---- RCR (Criminal) 477 RCR (Criminal) 477 RCR (Criminal) 477 RCR (Criminal) 477 titled as Akhilesh Singh v. State of Haryana, Akhilesh Singh v. State of Haryana, Akhilesh Singh v. State of Haryana, Akhilesh Singh v. State of Haryana, Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. undertrial is not warranted in the facts and circumstances of the case. 7. ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. addition to conditions that may be imposed by the concerned Magistrate, the petitioner shall remain bound by the following conditions: 8. which may be imposed by concerned hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail petitioner. ----2025 2025 2025 2025 RCR (Criminal) 477 RCR (Criminal) 477 RCR (Criminal) 477 RCR (Criminal) 477 & judgments of this Court in Akhilesh Singh v. State of Haryana, Akhilesh Singh v. State of Haryana, Akhilesh Singh v. State of Haryana, Akhilesh Singh v. State of Haryana, Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. In view of above, the present pe ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. Concerned CJM addition to conditions that may be imposed by the concerned strate, the petitioner shall remain bound by the following conditions: (i) The petitioner shall not mis (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cellp Investigating Officer/SHO of concerned Police Station and shall not change his cell permission of the CJM/ Duty (vii) The petitioner shall not in any manner try to delay the trial. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail 4444 & judgments of this Court in CRM CRM CRM CRM----M No.38822 M No.38822 M No.38822 M No.38822----2022 2022 2022 2022 Akhilesh Singh v. State of Haryana, Akhilesh Singh v. State of Haryana, Akhilesh Singh v. State of Haryana, Akhilesh Singh v. State of Haryana, decided on 29.11.2021, and Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM /Duty strate, the petitioner shall remain bound by the following conditions: The petitioner shall not mis-use the liberty granted. The petitioner shall not tamper with any evidence, oral or documentary, during the trial. The petitioner shall not absent himself on any date before The petitioner shall not commit any offence while on The petitioner shall deposit his passport, if any, with the The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior CJM/ Duty Magistrate. The petitioner shall not in any manner try to delay the In case of breach of any of the aforesaid conditions and those CJM/ Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the 4444 2022 2022 2022 2022 decided on 29.11.2021, and Suffice to say, further detention of the petitioner as an tition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to /Duty Magistrate. However, in /Duty The petitioner shall not tamper with any evidence, oral or The petitioner shall not absent himself on any date before The petitioner shall not commit any offence while on The petitioner shall deposit his passport, if any, with the hone number to the Investigating Officer/SHO of concerned Police Station phone number without prior The petitioner shall not in any manner try to delay the In case of breach of any of the aforesaid conditions and those Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the of the MAHAVIR SINGH 2025.08.19 16:58 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----43831 43831 43831 43831---- 9. 10. opinion on the merits of the case. 11. application, if any, shall also stand August 19 August 19 August 19 August 19, 2025 , 2025 , 2025 , 2025 mahavir Whether speaking/reasoned: Whether reportable: ----2025 2025 2025 2025 Ordered accordingly. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. , 2025 , 2025 , 2025 , 2025 Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 5555 Nothing said hereinabove shall be construed as an expression of Since the main case has been decided, pending miscellaneous s disposed off. ((((SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)))) JUDGE JUDGE JUDGE JUDGE 5555 Nothing said hereinabove shall be construed as an expression of Since the main case has been decided, pending miscellaneous MAHAVIR SINGH 2025.08.19 16:58 I attest to the accuracy and authenticity of this order/ judgment