CRM-M-13373- IN THE H (216) SMALLWELL @ STATE OF PUNJ CORAM: HON Present: Mr. Ms. S *** MANISHA BATR 1. The Section 483 of Bh for grant of regul registered under S Arms Act at Police 2. The statement recorded along with his fri Gopi had gone to as Amritpal Singh night of 14.07.202 about 10:00 PM. with his friends, su -2026 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH LL @SMALVEL@SAM Versus PUNJAB HON'BLE MRS. JUSTICE MANIS Hakikat Singh Grewal, Advocate Ms. Sakshi Bakshi, AAG, Punjab *** BATRA, J. (ORAL) The instant petition has been prefe of Bharatiya Nagarik Suraksha Sanh regular bail in case arising out of F nder Sections 307, 34 and 120B of IP t Police Station Jandiala, District Amri The aforementioned FIR was reg corded by complainant Harjit Singh a his friends Amritpal Singh, Sandeep ne to Delhi in a vehicle bearing regist Singh had to give his IELTS examin 07.2023, they had come back from De PM. When the complainant was alig nds, suddenly, two youths reached the JAB AND HARYANA AT ARH CRM-M-13373-2026 (O&M) Date of decision : 11.05.2026 ... Petitioner ...Respondent ANISHA BATRA vocate for the petitioner preferred by the petitioner under a Sanhita, 2023 (for short “BNSS”) ut of FIR No.180 dated 16.07.2023 of IPC and Sections 25 and 27 of t Amritsar. registered on the basis of the gh alleging that on 13.07.2023, he ndeep Singh and Gurpreet Singh @ registration number PB-02-AJ-5200 xamination on the next day. On the om Delhi and reached their village at as alighting from the vehicle along ed there on a motorbike. They were 2026 nder SS”) 2023 7 of the he @ 5200 n the ge at long were AMIT SHARMA 2026.05.12 12:37 I attest to the accuracy and integrity of this order/judgment. CRM-M-13373- muffled faced an complainant and h Singh and Amritp car. Even one pass raised by them, th rushed to hospita initiated. On 12.09 No. 243 of 2023 admitting his invo Singh had introdu gangsters and he petitioner had call them to do recce locations and on 1 the location of Ha petitioner with mu Harjeet Singh and was arrested on 18 involvement in the 3. It is a falsely implicated Harpreet Singh @ evidence. The co identified him as o -2026 (O&M) 2 ed and they started firing shots wit t and his friends with an intent to kil mritpal Singh sustained firearms inju passerby Pappu also sustained a fire , the assailants fled away with the tal. After registration of FIR, 12.09.2023, accused Harpreet Singh 023. During interrogation, he suf is involvement in this case by saying introduced him with the co-accused A nd he had joined their gang. On 13. ad called himself and Heera Singh @ recce of Harjeet Singh and Gurpree d on 14.07.2023, after doing recce, the of Harjeet Singh and Gurpreet Sing ith muffled faces had come on a moto gh and Gurpreet Singh with an intent on 18.11.2023. He too suffered disc t in the crime. Investigation now stand It is argued by learned counsel for t icated in this case on the basis of discl ngh @ Happy which cannot be co he complainant Harjit Singh has sinc m as one of the assailants. He is in cu ts with some firearms towards the to kill them. His friends Gurpreet s injuries. The bullets also hit their firearm injury. On clamour being their weapons. The injured were IR, investigation proceedings were Singh @ Happy was arrested in FIR suffered a disclosure statement saying that the Heera Singh @ Hira used Amri and petitioner, who were n 13.07.2023, gangsters Amri and ngh @ Hira Singh and had directed urpreet Singh and to disclose their ce, they had given information about t Singh and then accused Amri and a motorcycle and had fired shots on intent to kill them. The petitioner isclosure statement admitting his stands completed. l for the petitioner that he has been f disclosure statement of co-accused be considered to be admissible in as since been examined and has not s in custody for a period of over two s the preet their eing were were FIR ment Hira were nd ected their bout i and ts on ioner g his been used le in s not r two AMIT SHARMA 2026.05.12 12:37 I attest to the accuracy and integrity of this order/judgment. CRM-M-13373- years and 05 mon future as only 01 o is on bail in 03 o several cases cann him. The co-accu been extended be same benefit. It is 4. Status counsel has argue petitioner as he w involved in severa offences, intimida It is, therefore, arg 5. This C for the parties at co 6. The p attempt to kill the injury, however, h sworn deposition implicated the pet has been extended The chances of c purpose would be -2026 (O&M) 3 5 months. There are no chances of c ly 01 out of 21 prosecution witnesses n 03 out of 04 cases registered agai s cannot be considered to be a reason accused Heera Singh @ Hira whose ed benefit of bail. On parity, he too t. It is, therefore, argued that the petiti Status report and custody certificate h argued that there are serious and sp he was one of the assailants. He has several other cases. There are chan timidating the witnesses or abscondin re, argued that the petition does not de This Court has heard the rival submis es at considerable length. The petitioner alongwith the co-accus ill the victim by using firearm. The ever, he has since been examined, An sition of the complainant Harjit Singh the petitioner for commission of subj tended benefit of bail. The petitioner i s of conclusion of trial in the near uld be served by detaining him in custo es of conclusion of trial in the near esses has been examined so far. He d against him. His involvement in reason for denying benefit of bail to whose case is on similar footing has he too deserves to be extended the e petition deserves to be allowed. icate have been filed. Learned State and specific allegations against the He has criminal antecedents as he is e chances of his committing similar conding, if extended benefit of bail. not deserve to be allowed. ubmissions made by learned counsel accused is alleged to have made an . The victim had sustained firearm ed, Annexure P5 is the copy of the Singh which shows that he has not f subject offences. The co-accused ioner is in custody since 18.11.2023. near future are bleak. No useful n custody anymore. The well settled near . He nt in ail to g has d the State t the he is milar bail. unsel e an earm f the not used 023. seful ttled AMIT SHARMA 2026.05.12 12:37 I attest to the accuracy and integrity of this order/judgment. CRM-M-13373- proposition of law incarceration shou consideration the a is ordered to be r surety bonds to th condition that he s promise to any pe before the learned presence has been if any furnish deta mobile number(s) 7. It is, only for the purpo bearing on the mer 8. Since if any, is rendered 11.05.2026 Amit Sharma -2026 (O&M) 4 of law is that bail is the rule and j n should not be replica of post-convic n the above discussed facts, the petitio o be released on bail subject to his f s to the satisfaction of the learned t at he shall not directly or indirectly m any person acquainted with the facts o earned trial Court on each and every d s been exempted by the trial Court. h details of his cell phone and Aadhar ber(s) during the pendency of the trial. It is, however, clarified that the obse purpose of deciding the present petiti he merits of the case. Since the main petition has been disp dered infructuous. (MA Whether speaking/reasoned:- Yes Whether reportable:- Yes/No and jail is an exception. Pre-trial conviction sentencing. Taking into petition is allowed and the petitioner o his furnishing personal as well as rned trial Court, and subject to the ctly make any inducement, threat or facts of the case. He shall appear very date of hearing except when his He shall surrender his passport, adhar card, and shall not change his e trial.
e observations made herein above is petition and the small shall have no disposed of, pending application, (MANISHA BATRA) JUDGE Yes/No trial into ioner ll as the at or pear n his port, e his is e no tion, AMIT SHARMA 2026.05.12 12:37 I attest to the accuracy and integrity of this order/judgment.