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2025 DAILYLAW 98423 (PNJ)

JUGRAJ SINGH v. STATE OF PUNJAB

CRM-M/51064/2025 · 2025-09-16

Sanjay Vashisth

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Judgment text

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CRM-M-51064-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA 246 AT CHANDIGARH CRM-M-51064-2025 DECIDED ON: 16.09.2025 JUGRAJ SINGH .....PETITIONER VERSUS STATE OF PUNJAB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH. Present: Mr. Prince Sharma, 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 is for grant of regular bail in case FIR No.47 dated 20.04.2025, under Sections 25/27/29(B)/30 of Arms Act, 1959, Sections 109,3(5) of BNS, 2023 Police Station Khemkaran, Tehsil & Dis- trict Tarn Taran, Punjab. 2. Learned counsel for the petitioner contends that petitioner was called on spot by his brother Jaspal Singh along with the weapons. On his call, petitioner and his father Roop Singh, reached on the spot and petitioner fired a shot from a .32 bore caliber revolver, hitting at the feet of Hardeep Singh (brother of the complainant – Nirmal Singh). 3. Learned counsel for the petitioner further contends that co- accused Jaspal Singh also fired a shot with his 315 caliber rifle upon Harpal Singh (in typed version, it is mentioned as Hardeep Singh), hitting him in the right leg near the knee. MAHIMA 2025.09.18 17:22 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CRM-M-51064-2025 2 4. Learned counsel for the petitioner argues that it is a case where petitioner himself has suffered injuries and by twisting the version, it has been explained in the FIR that while running away, petitioner fell on the machine installed in the market. 5. Counsel for the petitioner further argues that injuries suffered by the petitioner can be noticed from the MLR dated 20.04.2025, wherein total four injuries have been mentioned. For reference, injuries are reproduced here under also:- Sr. No. Injury Details Injury Number 1. An incised wound of antero posterior length is 7.2 cm and 4 cm width is present over the supero lateral aspect of the left shoulder slightly lateral to acromion. Mar- gins are well demarcated. There is active bleeding present with large clot partially covering the wound base. Adv X ray left shoulder AP 1 2. An incised wound of 3.5 cm horizontal length and 0.7 cm width is present supero posterior aspect of right shoulder. Acive bleeding present margins are sharp, clean cut and is 2.5 cm from acromin process. 2 3. Line abrasion starting from injury No.2 present right left and superolateral from injury No.2 of length 5.6 cm, 8.6 cm and 8.8 cm respectively. 3 4. Lacerated wound of 2.2cmx0.2 cm present on lateral aspect of left forearm is 7.1 cm from midline of cubital fossa. Adv X ray left forearm AP and lateral. 4 6. Referring to the injuries suffered by the petitioner, counsel argues that it would be decided at the end of the trial, whether the shots were fired by the petitioner and his other co-accused in his self-defence or actually they themselves are aggressors at the first instance. Also submits that, whether there was any intention to cause murder or not is also an issue, more for the reason of suffering of the injuries by the com- plaint party on non vital part and there being no allegation of firing of shot again by any of the accused. MAHIMA 2025.09.18 17:22 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CRM-M-51064-2025 3 7. Learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, submits that serious allegations of firing of two shots are levelled against the petitioner. Investigation in the case has already been completed and subsequently, final report under section 193 of BNSS has also been submitted to the concerned Court. However, process of trial is yet to be start. 8. I have considered the submissions addressed by the counsel for the petitioner and also by learned DAG Punjab. This court has noticed that, neither any shot is fired directly upon the complainant party nor any injury has been suffered on the vital part by the injured. Even petitioner is not alleged to be accused in any other criminal case. Petitioner himself has also suffered injuries and one of the injury is incised wound of antero posterior length 7.2 cm x 4 cm on the supero lateral aspect of the left shoulder. There is another incised wound 3.5 cm x 0.7 cm on the side of right shoulder. Total 4 injuries have been suffered by the petitioner. Thus, it appears that it would be at the stage of the decision of the trial only, requiring adjudication of the issue as to the shots were fired in the self-defence or without any provocation. 9. In view of totality of circumstances, and the facts/allegations levelled against the petitioner, and the factors noticed hereinabove, this Court deems 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 fur- MAHIMA 2025.09.18 17:22 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CRM-M-51064-2025 4 nishing 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. 10. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 11. Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an inde- pendent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. 12. Petition stands disposed of. 16.09.2025 (SANJAY VASHISTH) mahima JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MAHIMA 2025.09.18 17:22 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh