CRM-M-11633-2026 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 212 CRM-M-11633-2026 Date of decision: 13.08.2026 SUKHPAL SINGH ALIAS SUKHA NIHANG .... Petitioner VERSUS STATE OF PUNJAB ...Respondent CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Anmol Jindal, Advocate, for the petitioner. Mr. M.S. Toor, AAG Punjab. ***** JASJIT SINGH BEDI, J. (Oral) The prayer in the present petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is for the grant of regular bail to the petitioner in case FIR No.0191 dated 31.12.2023 registered under Sections 302, 148 and 149 of the IPC, 1860 (corresponding Sections 103(1), 121-A and 122 of BNS) (Sections 148 and 149 IPC deleted and Section 34 IPC added later on) at Police Station Nihal Singh Wala, District Moga. 2. The present FIR came to be registered at the instance of Randeep Singh and reads as under:- “Statement of Randeep Singh son of Rakesh Singh son of Surjit Singh resident of Mori Ki Patti Meenia, aged about 21 years mobile No. 81460-45282, I would like to state that I am resident of above noted address and I am ranning Mobile repair shop under the name of Smart Mobile Care in Nihal Singh Wala. We are two brothers and my younger brother is Navdeep Singh. My brother had passed Matric class and now he was learning the work of mobile repair. Our father Rakesh Singh has died long time KUSUM 2026.08.14 10:56 I attest to the accuracy and integrity of this document PHHC Chandigarh CRM-M-11633-2026 ::2:: ago. From last some time, my brother Navdeep Singh started consuming intoxicant material, we tried our best to make him understand but he was not mending his ways. The Nihang organization(Jathebandi) of Patto Heera Singh Dera of our village use to bring the boys in their Dera who are habitual to consume the intoxicant material and use to go to make the public aware against the drugs. Suddenly they reached in village Meenia, then my brother Navdeep Singh met them who was under the instance of intoxicant material, then Sukhpal Singh @ Sukha Nihang, Baba Jagroop Singh and some of their unknown persons who were in Nihang Singh dress, made to sit my brother in the vehicle and brought him and on making contact by us, they told us that we have admitted Navdeep Singh in Patton Vidialya, were are improving him. thereafter my brother made me phone calls for 1-2 times and he told me that the Nihang are beating me, take me from here. But since my brother is habitual to consume drugs, there I was not trust on him. Today. on 30.12.2023 at 10.15 AM, I received phone call that of Nihang from Patto Heera Singh that my brother Navdeep Singh was gone on our motorcycle for Gazza/collecting food etc. but he did not come back and after some time, my brother has made phone call from the mobile of someone and told me that the Nihang Organization is causing harassment to me, therefore now he will not go to their Vidayla and their motorcycle is lying parked at Sharma T-Stall Kamla Nerhu School, you inform about it to the Nihang Vidayla. After sometime, I received message of someone that the Nihangs are beating your brother in the Thane Wali Gali, I immediately rushed to there and on arriving there, I saw that Sukhpal Singh@ Sukha Nihang and their unknown associates who were in the Dress of 'Nihang Singh and are residing in the Patto Vidayla, I can identify them on appearing before me, were KUSUM 2026.08.14 10:56 I attest to the accuracy and integrity of this document PHHC Chandigarh CRM-M-11633-2026 ::3:: beating to my son mercilessly at the public place and when I and other persons tried to stop them, then they forcibly put him in their Innova Car bearing registration No. DL04- CA-6642 and took him with them and while going, my brother said by calling me that these Nihang Singh will kill me, save me but said Nihang Singh took him with them and after some time, I received phone call of a Nihang from the Patto Vidayla that the condition of your brother Chaman Lal is serious and in he is in hospital and when reached there and saw that the health condition of my brother was very bad and when the doctor refused for his treatment, then the Nihang Singh put him in their car and were in the process to take him, then due to his deteriorated condition, we took him to Deep Hospital Nihal Singh Wala and on the way, we took him to Civil Hospital Nihal Singh Wala, where after checking my brother, the doctors declared him died. My brother has died due to the beating caused by Sukhpal Singh @ Sukha Nihang and his unknown associates in Nihal Singh Wala and then Patto Heera Singh Vidayla without any reason. Therefore action be taken against Sukhpal Singh @ Sukha Nihang and his unknown associate Nihangs. Statement got recorded, heard same is correct. I have got recorded my statement by conducting inquiry according to my trust. Sd/- Randeep Singh, Supported by Sd/- Sukhwinder Singh son of Mahinder Singh, resident of Barnala 62807-26744 (maternal unele) Attested by Sd/- Amandeep Singh, Inspector/Station House Officer, Police Station Nihal Singh Wala.” 3. The learned counsel for the petitioner contends that the prosecution case is inherently improbable. The statements of the PWs do not further the case of the prosecution. The medical evidence runs counter to the ocular account. As the petitioner is in custody since 30.12.2023 but only 12 KUSUM 2026.08.14 10:56 I attest to the accuracy and integrity of this document PHHC Chandigarh CRM-M-11633-2026 ::4:: out of the 20 prosecution witnesses have been examined so far, the Trial of the present case is not likely to be concluded anytime soon and therefore, he is entitled to the concession of bail. 4. On the other hand, the learned State counsel has filed a reply dated 12.08.2026 by way of an affidavit of Anwar Ali, PPS, Deputy Superintendent of Police, Nihal Singh Wala, District Moga, which is taken on record. While referring to the said reply, he contends that the petitioner and others were seen beating up the deceased mercilessly and there is a CCTV footage of the occurrence. The allegations levelled against the petitioner and the evidence in support thereof do not entitle him to the concession of bail 5. I have heard the learned counsel for the parties. 6. The relevant extract of the reply filed by the learned State counsel, enumerating the role of the petitioner, the evidence available against him and his antecedents, is reproduced hereinbelow:- “Role of the petitioner: On 30.12.2023 at about 10.15 AM Sukhpal Singh alongwith some unidentified persons, who were also in dress of Nihangs and belongs to Institute of Patto Hira Singh were beating Navdeep Singh mercilessly. When complainant and some other people opposed them, then they forcibly took Navdeep Singh into Innova vehicle No. DL04CAE6642 and took him from the spot. After sometime complainant received a call and caller informed him that his brother is admitted in Chaman Hospital in serious condition. As employees of hospital referred him to some other hospital and Nihangs were taking Navdeep Singh into their vehicle, then complainant took his brother to Civil Hospital, Nihal Singh Wala. Doctor declared Navdeep Singh as brought dead. KUSUM 2026.08.14 10:56 I attest to the accuracy and integrity of this document PHHC Chandigarh CRM-M-11633-2026 ::5:: The evidence based on which the petitioner was arraigned as an accused: State of complainant and other witnesses as well as CCTV footage related to the occurrence. In said CCTV footage, the petitioner and his co-accused are clearly visible and they are armed with dangs and they rounded up the complainant near Tea shop and abused, giving beatings and pulled him and then took him with them forcibly by catching him from the arm. Antecedents of petitioner: Apart from present case, another case bearing FIR No.157 dated 12.11.2023 u/s 325/323/427/34 IPC Police Station Nihal Singh Wala. Recovery: One Stick/Dang and iron kara.” 7. Apparently, the petitioner along with his co-accused was seen assaulted the deceased mercilessly. The said occurrence has been captured on CCTV footage. Two of the witnesses have turned hostile. There is every possibility that the petitioner would threaten and intimidate the remaining witnesses in case he is granted the concession of bail. 8. Keeping in view the aforementioned facts and circumstances of the present case, I find no merit in the present petition and the same stands dismissed. 9. The pending application(s), if any, shall stand disposed of accordingly. ( JASJIT SINGH BEDI) JUDGE 13.08.2026 kusum Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUSUM 2026.08.14 10:56 I attest to the accuracy and integrity of this document PHHC Chandigarh