CRM-M-46762-2025 1 222 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-46762-2025 Date of Decision: 23.09.2025 JUSTIN GILL ALIAS JASSA ......... Petitioner Versus STATE OF PUNJAB ....... Respondent CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present : Mr. Vipin Mahajan, Advocate with Ms. Chandanpreet Kaur Ahluwalia, Advocate for the petitioner. **** YASHVIR SINGH RATHOR , J. (Oral) 1. This is the first application under Section 483 of BNSS, 2023 for grant of regular bail in case FIR No.56, dated 19.12.2023, registered at Police Station State Special Operation Cell, Amritsar, Punjab, District Intelligence Wing (CID), Gurdaspur, Punjab, under Sections 109, 115, 120-B and 307 of IPC and Section 25 of Arms Act, 1959 and Sections 21, 22 and 29 of NDPS Act, 1985. 2. In compliance of order dated 13.08.2025, status report by way of affidavit dated 22.09.2025 of Harwinderpal Singh, PPS, Deputy Superintendent of Police, State Special Operation Cell, Amritsar filed on behalf of the respondent-State is taken on record. Registry is directed to tag the same at an appropriate place. 3. Learned counsel for the petitioner as well as learned State counsel have been heard and material collected by the police during investigation has been perused. ASGAR ALI 2025.09.24 09:13 I attest to the accuracy and integrity of this document CRM-M-46762-2025 2 4. Brief facts of the prosecution case are that on 19.12.2023, a secret information was received by the police that Sukhpinder Singh along with his accomplices Harmanpreet Singh, Justin Gill (petitioner) and other accomplices have formed a gang, which is supported by a gangster of the area namely, Pavitter Singh. It was also informed that the gang has received a consignment of weapons and the kingpin of the gang namely, Sukhpinder Singh is roaming in the area of Harchowal in his Fortuner car in order to commit some crime and in case, a raid is conducted, he can be caught red-handed. A formal FIR under Section 25 of Arms Act and Sections 109, 115, 120-B of IPC, was registered and a naka was laid. The prosecution case further is that when a naka was laid on Harchowal to Sri Hargobindpur, accused Sukhpinder, while driving his vehicle ran over the barrier and drove the same with an intention to kill the police officials deployed at the naka. He could not control the vehicle, which turned turtle but he manged to escape. On checking, two pistols 32 bore and magazines were recovered from the car. Thereafter, he was arrested from Chandigarh on 04.01.2024 and 4 grams of ice drug was also recovered from the speaker box of the same car on the basis of his disclosure statement. Petitioner was arrested on 23.12.2023 and one mobile phone was recovered. 5. Learned counsel for the petitioner contended that false case has been registered against him. As per prosecution case, a secret information was received by the police that one Sukhpinder Singh alongwith his accomplices Harmanpreet Singh and Justin Gill (petitioner) have formed a gang which is supported by one Pavitter Singh (gangster) and gang has received consignment of weapons and kingpin of the gang ASGAR ALI 2025.09.24 09:13 I attest to the accuracy and integrity of this document CRM-M-46762-2025 3 namely Sukhpinder Singh is roaming in the area of Harchowal in his Fortuner car and he can be caught red handed. Learned counsel next contended that when the police party stopped said Sukhpinder Singh, he tried to run over the barrier and the vehicle turned turtle but he escaped from the spot. Petitioner was not travelling in the said car even as per the prosecution case and his name finds mention only in the secret information that he is also part of the gang. Learned counsel further contended that no offence had been committed by the petitioner when the secret information was received and there could not have been any abetment to commit any offence or an offence under the Arms Act. Petitioner is in custody since 23.12.2023 and there is no other evidence against him except that his name finds mention in the secret information. The trial is likely to take sufficiently long time to conclude and in these circumstances, further detention of the petitioner is not required and he deserves to be released on bail. 6. On the other hand, learned State counsel has opposed the bail and argued that he is involved in 04 more cases and he is habitual offender and he does not deserve the concession of bail. 7. No police official had suffered any injury when main accused namely Sukhpinder Singh ran over the barrier and the vehicle turned turtle but he escaped from the spot. Petitioner was admittedly not in the said Fortuner car from which Sukhpinder Singh allegedly escaped. The only evidence against the petitioner is that his name was mentioned in the secret information to the effect that he is a part of the gang of Sukpinder Singh but no value can be attached to the said secret information as it has not led to discovery of any new fact and petitioner ASGAR ALI 2025.09.24 09:13 I attest to the accuracy and integrity of this document CRM-M-46762-2025 4 was also not apprehended alongwith any weapon. 8. The earlier bail application was dismissed by a Coordinate Bench of this Court and thereafter, petitioner approached Hon’ble Supreme Court and his bail was dismissed vide order dated 18.10.2024. However, thereafter, main accused namely Sukpinder Singh has been released on bail by this Court vide order dated 12.08.2025 and in view of changed circumstances, petitioner is also entitled to be released on bail. Rather, his case is on a better footing as he was not travelling in the car which had damaged the police barricade and the same was driven by Sukpinder Singh. 9. Having regard to the aforesaid factual position, but without commenting anything on the merits of the case, the bail application is allowed and petitioner is ordered to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of learned Trial Court/Duty Magistrate concerned, on usual terms and conditions. (YASHVIR SINGH RATHOR) JUDGE 23.09.2025 Ali Whether speaking/reasoned Yes/No Whether Reportable Yes/No ASGAR ALI 2025.09.24 09:13 I attest to the accuracy and integrity of this document