CRM-M-46428-2025 - 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 240 CRM-M-46428-2025 Date of decision: 28.08.2025 PHUMAN SINGH ALIAS FUMAN SINGH ....Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. D.S. Saini, Advocate for the petitioner. Mr. Manjinder Singh Bhullar, DAG, Punjab. SANJAY VASHISTH. J.(Oral) 1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner(s) FIR No. Date Section(s) Police Station District PHUMAN SINGH ALIAS FUMAN SINGH 202 02.11.2022 302, 323, 307, 148, 149, 341 of IPC City Rupnagar Rupnagar 2. As per the FIR registered on 02.11.2022, accused persons namely (1) Ravi, (2) Sahib Singh, (3) Nazar, (4) Mauji, (5) Raja, (6) Neelu, (7) Tota, along with some other unknown individuals, allegedly surrounded the complainant party while being armed with sharp-edged kirpans. It is alleged that Mauji and Ravi inflicted kirpan blows on the head of Puneet (complainant's brother). Sahib and AMANDEEP GOSAIN 2025.08.30 11:19 I attest to the accuracy and integrity of this order/judgment CRM-M-46428-2025 - 2- Mauji also attacked the complainant with kirpan blows to his head and left arm. While the complainant party lay injured on the ground, the remaining accused continued the assault, inflicting further kirpan injuries. As a result of the grievous injuries sustained during the attack, Puneet succumbed to his wounds. Subsequently, on 22.11.2022, a supplementary statement of the complainant, Ashok Singh, was recorded, in which additional accused were named, namely:- (1) Shauki, (2) Sudesh @ Batta (3) Prince, (4) Phuman (petitoner herein), (5) Sumit, (6) Bagla alias Baga Singh, and (7) Nathu. During the course of the trial, an application under Section 319 Cr.P.C. was filed seeking summoning of the following accused:- Ravi, Nazar, Sumit, Nathu, Bagla, Batta, Shauki, Prince, Geeta, Lekhraj, Balraj, and Mahipal. The application was partly allowed, and vide order dated 13.05.2023 (Annexure P-3), Ravi was summoned under Section 319 Cr.P.C. 3. Learned counsel for the petitioner submits that no active role has been attributed to the petitioner in the supplementary statement. Moreover, the petitioner has been inside jail for the last more than 2 years and 3 months. Out of total 23 prosecution witnesses, none has been examined. Learned counsel for the petitioner further submits that co-accused of the petitioner namely Bagla @ Baga Singh and Sudesh Alias Batta have been granted the concession of anticipatory bail by this Court vide order dated 27.08.2025, passed in CRM-M-46346-2025 and CRM-M-46548-2025. Thus, prays for grant of regular bail. 4. On advance notice and in response to the arguments addressed by learned counsel for the petitioner, learned State counsel, produces the custody AMANDEEP GOSAIN 2025.08.30 11:19 I attest to the accuracy and integrity of this order/judgment CRM-M-46428-2025 - 3- certificate dated 27.08.2025 in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has already been handed over to the counsel for the petitioner. As per custody certificate, petitioner has already undergone 02 years 03 months and 03 days period inside jail. 5. Learned State counsel has vehemently opposed the prayer of grant of bail to the petitioner, keeping in view the nature of allegations and the gravity of offence involved herein. He further submits that if the petitioner is granted concession of bail, there is every likelihood of him being absconding from the trial and can indulge in similar kind of activities. 6. Mr. B.S. Randhawa, Advocate, put in an appearance on behalf of the complainant, and files his Vakalatnama, which is taken on record. 7. After hearing learned counsel for the parties and perusing the relevant material on record with their able assistance. 8. As per the totality of circumstances, and the facts/allegations levelled against the petitioner, and the factors noticed hereinabove, I deem it appropriate to grant the concession of bail to the petitioner. Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 9. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 10. Any of the discussion done and recorded hereabove, shall not be AMANDEEP GOSAIN 2025.08.30 11:19 I attest to the accuracy and integrity of this order/judgment CRM-M-46428-2025 - 4- construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. 11. Petition stands disposed of. (SANJAY VASHISTH) 28.08.2025 JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AMANDEEP GOSAIN 2025.08.30 11:19 I attest to the accuracy and integrity of this order/judgment