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2025 DAILYLAW 92836 (PNJ)

VIJAY SINGH v. STATE OF PUNJAB

CRM-M/50288/2024 · 2025-03-18

N S Shekhawat

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Judgment text

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CRM-M-50288-2024 & other connected case - 1- 227/2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:18.03.2025 (i) CRM-M-50288-2024 Vijay Singh ...Petitioner vs. State of Punjab …Respondent (ii) CRM-M-50606-2024 Tarsem Singh @ Semi …Petitioner vs. State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. P.K.S.Phoolka, Advocate for the petitioner(s) in both petitions. Mr. I.P.S. Sabharwal, DAG, Punjab. Mr. K.S.Brar, Advocate, for the complainant. *** N.S.Shekhawat J.(oral) 1. This order shall dispose off above-said two petitions i.e. CRM-M-50288-2024, titled as Vijay Singh Vs. State of Punjab and CRM-M- 50606-2024 titled as Tarsem Singh @ Semi Vs. State of Punjab, whereby the petitioners have prayed for grant of regular bail to them in case FIR No.094 dated 27.07.2024 registered under Sections 458, 324, 323, 326, 459, 506, 148, 149 of IPC, at Police Station Sadar Bathinda, District Bathinda. 2. Learned counsel for the petitioners submits that the petitioners had no concern with the alleged occurrence and number of persons have been roped in by the complainant by assigning them false role. He further contends that as per the allegations levelled by the complainant, Tarsem Singh @ Semi- (petitioner in CRM-M-50606-2024) was carrying a sword in his hand and had HEMLATA 2025.03.21 02:01 I attest to the accuracy and integrity of this document CRM-M-50288-2024 & other connected case - 2- given two blows on the head of Bagga Singh, injured and both the injuries have been declared to be simple in nature. Apart from that, it has been falsely alleged that Vijay Singh (petitioner in CRM-M-50288-2024) was armed with stones and had pelted stones on the opposite side and no other attribution is there. As per learned counsel, Tarsem Singh @ Semi, petitioner was arrested in the present case on 05.08.2024, whereas, the petitioner, Vijay Singh was arrested on 12.08.2024 and they are in custody since then. After completion of investigation, the challan has already been presented against them and no witness has been examined so far. 3. On the other hand, separate replies have been filed by learned State counsel in Court today and the same are taken on record. Learned State counsel assisted by learned counsel for the complainant have vehemently opposed the submissions made by learned counsel for the petitioners on the ground that Vijay Singh-petitioner is involved in one case, whereas, Tarsem Singh @ Semi, petitioner is involved in two more cases. Thus, the petitions deserve to be dismissed by this Court. 4. I have heard learned counsel for the parties and perused the record carefully. 5. In the present case, both the petitioners are in custody for the last more than six months and the challan has been presented against them. Moreover, the prosecution has not been able to place on record any material to show that the petitioners are in a position to influence the witnesses of the prosecution or may abscond from the process of law. 7. Without commenting on the merits of the case, the present petitions are allowed and the petitioners are ordered to be released on bail HEMLATA 2025.03.21 02:01 I attest to the accuracy and integrity of this document CRM-M-50288-2024 & other connected case - 3- subject to their furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned, subject to the following conditions:- (i) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them to disclose such facts to the Court or to any other authority. (ii) The petitioners shall remain present before the Court on the dates fixed for hearing of the case. (iii) The petitioners shall not absent themselves from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioners shall surrender their passport(s), if any, (if already not surrendered), and in case they are not holder of the same, they shall swear an affidavit to that effect. (v) The petitioners shall also file their affidavits before the concerned Court, mentioning their ordinary place of residence and number of mobile phone, which shall be used by them during the pendency of the trial. In case of change of place of residence/mobile number, they shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioners involve in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioners. (N.S.SHEKHAWAT) 18.03.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.03.21 02:01 I attest to the accuracy and integrity of this document