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2025 DAILYLAW 94317 (PNJ)

ABHISHEK GANGWAR ALIAS ARUN v. STATE OF PUNJAB

CRM-M/49728/2024 · 2025-09-19

H S Grewal

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Judgment text

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CRM-M NO.49728-2024(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (212) CRM-M NO.49728-2024(O&M) DATE OF DECISION: 19.09.2025 Abhishek Gangwar @ Arun ........Petitioner VERSUS State of Punjab .........Respondent CORAM HON’BLE MR.JUSTICE H.S.GREWAL Present Mr.PBS Goraya, Advocate, for the petitioner. Mr. Rishabh Singla, AAG, Punjab. *** H.S. Grewal, J.(Oral) 1. This petition has been filed for grant of regular bail under Section 483 of BNSS, 2023 in case FIR No.57 dated 05.07.2022, under Sections 302, 34 IPC, 120-B and 201 IPC and Section 25,27,54,59 of Arms Act registered at Police Station, Valtoha, District Tarn Taran. 2. The case of the prosecution is that complainant Ashok Masih has reported that his brother deceased Shera Masih was fired upon by some unknown persons. Thereafter, in a supplementary statement he stated that he suspected Sajjan Singh son of Gurcharan Singh in the murder of his brother Shera Masih because he was having illicit relations with wife of the deceased. Upon the arrest of Sajjan Singh and on the basis of the disclosure statement, the present petitioner has been involved in the said occurrence. 3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the name of the petitioner surfaced on the basis of supplementary statement. He further submits that the petitioner is not involved in any other case. The petitioner is in custody since 26.10.2022. MAMTA 2025.09.19 05:17 I attest to the accuracy and integrity of this document CRM-M NO.49728-2024(O&M) 2 4. Learned State counsel has opposed the prayer made by the learned counsel for the petitioner. He has filed the custody certificate dated 18.09.2025 of the petitioner in the Court today and the same is taken on record. As per which, the petitioner is in custody for the last 02 years 10 month and 16 days. He has not disputed the fact that the petitioner is not involved in any other case. He further submits that out of 31 cited prosecution witnesses only 09 witnesses have been examined so far. 5. I have heard the learned counsel for the parties and perused the record. 6. Keeping in view the above facts and circumstances of the case and the fact that the petitioner is in custody for the last more than 02 years 10 month and 16 days; out of 31 cited prosecution witnesses only 09 witnesses have been examined so far and the petitioner is not involved in any other case, the continuous detention of the petitioner would not serve the ends of justice, therefore, this Court deems it a fit case to grant the concession of regular bail to the petitioner during the pendency of the trial. 7. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. 8. It is clarified that if on bail so granted through the instant order, the applicant is found indulging in any other criminal case it shall be open to the State to seek cancellation of his bail. 19.09.2025 (H.S.GREWAL) mamta JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MAMTA 2025.09.19 05:17 I attest to the accuracy and integrity of this document