The High Court
Case Details
IN THE THE HIGH COURT OF PUNJAB CHANDIGARH AT CHANDIGARH PUNJAB & HARYANA 103 (02 cases) CRM-M-5619 CRM-M-20523 Date of decision: 5619-2023(O&M); 20523-2023 (O&M) decision: 10.11.2025 1. CRM-M-5619 Harpreet Singh 5619-2023 (O&M) VERSUS ...Petitioner State of Punjab ...Respondent 2. CRM-M-20523 Ajaypal Singh @ 20523-2023 (O&M) @ Ajay @ Billi VERSUS ...Petitioner State of Punjab ...Respondent
Legal Reasoning
CORAM : HON'BLE Present :- Mr. HON'BLE MR. JUSTICE VINOD Mr. Jitender Singh Dadwal, Advocate, (in CRM CRM-M-5619-2023). VINOD S. BHARDWAJ Advocate, for the petitioner, petitioner, Ms. Nisha Rana, Advocate, for the petitioner, Ms. (in CRM CRM-M-20523-2023). Mr. Saurav Verma, Addl. AG, Punjab Mr. Punjab. ***** VINOD S. BHARDWAJ BHARDWAJ, J. (Oral) Both these petitions for grant of regular Both regular bail, arising out from the same FIR bearing bearing No.27 dated 23.03.2022 registered registered under Sections 302, 148, 149, 120B of the the Indian Penal Code, 1860 at Police Police Station Majitha, District Amritsar are being being decided by a common order. 2. Briefly summarized, the case of the prosecution Briefly prosecution is that the present FIR was registered registered on the statement of Kunan Singh, Singh, which is to the effect that on 22.03.2022, his his younger son Karamjit Singh was was present at his shop at about 9.15 P.M., when when around 6-7 unidentified persons persons came on three motorcycles, armed with deadly deadly weapons and caused fatal injuries injuries to his son and fled away from the spot. Thereafter, Thereafter, said Karamjit Singh died died due to the injuries received occurrence. in the occurrence. Learned counsel appearing on behalf Learned behalf of the petitioners contend that while petitioner petitioner-Ajaypal Singh @ Ajay @ Billi Billi is attributed an injury with 3. SUMIT SINGH GUSAIN 2025.11.10 19:29 I attest to the accuracy and integrity of this document 103 CRM-M-5619 CRM-M-20523 5619-2023(O&M); 20523-2023 (O&M) 2 a wooden bat, the the petitioner-Harpreet Singh is alleged alleged to have undertaken a recce and informed informed the assailants about the presence presence of the deceased in the shop. It is only on the receipt of the message from from Harpreet Singh that the assailants came to the spot on motorcycles and caused injuries. They further contend that there there are as many as 14 injuries on on the person of the deceased which are either in the nature of abrasions or in the nature of incised wounds. They further contend contend that the injury in the nature nature of incised wound could not have been caused caused with the wooden bat and that the the petitioner-Harpreet Singh in any case has not not been attributed any injury to to the deceased. They further contend that whil while petitioner-Ajaypal Singh @ Ajay Ajay @ Billi has undergone an actual custody of of 03 years and 03 months after after the arrest on 14.07.2022, petitioner-Harpreet Harpreet Singh has undergone an actual actual custody 02 years and 10 months and 29 days days since his arrest on 10.12.2022. 10.12.2022. It is contended that the petitioners are not not involved in any other case and and that out of total 17 witnesses cited by the prosecution, prosecution, only 01 witness has been been examined so far. The trial is thus likely to take take long in its conclusion. They further further submit that a similarly placed co-accused accused Jobanpreet Singh @ Joban Joban has already been granted concession of regular regular bail vide order dated 24.07.2025 24.07.2025 passed in CRM-M- 48453-2024. 4. Learned State Counsel on the other Learned other hand contends that the petitioner-Harpreet Harpreet Singh had undertaken recce and and it was only on intimation by the said petitioner petitioner that all other assailants entered entered into the shop and caused a large number of injuries to the deceased. He He further contends that the recovery of motorcycle motorcycle and a mobile phone from petitioner-Harpreet Singh and a wooden bat from from petitioner-Ajaypal Singh @ Ajay Ajay @ Billi has already been effected which shows shows their participation in the commission commission of the offence. He SUMIT SINGH GUSAIN 2025.11.10 19:29 I attest to the accuracy and integrity of this document 103 CRM-M-5619 CRM-M-20523 5619-2023(O&M); 20523-2023 (O&M) 3 however does not not dispute the clean antecedents of the petitioners as also the period of incarceration incarceration as well as the stage of trial. trial. 5. I have have heard learned counsel for the the respective parties and have gone through the the documents appended alongwith the present petition. 6. Taking into consideration, the argument Taking argument of the petitioner that the injuries on the body body of the deceased are not relatable relatable to the recovery effected by the respondent respondent and the probability of such injuries injuries having been caused by the petitioners coupled coupled with the fact that no injury njury is attributed to petitioner- Harpreet Singh coupled coupled with their clean antecedents, antecedents, the period of custody as well as the stage stage of trial and that the co-accused-Jobanpreet Jobanpreet Singh @ Joban has already been granted granted concession of regular bail vide order dated 24.07.2025 passed in CRM CRM-M-48453-2024, I deem it appropriate appropriate to allow the present petitions. 7. Accordingly, the instant petitions are Accordingly, are allowed and the petitioners are ordered to be be admitted to regular bail subject to their furnishing bail/surety bonds to the satisfaction satisfaction of the trial Court/Duty Court/Duty Magistrate/Illaqa Magistrate concerned. 8. It is is made clear that the petitioners shall shall not extend any threat and shall not influence influence any prosecution witness in any any manner directly or indirectly. 9. The observation made hereinabove The shall not be construed as an expression on the the merits of the case and the trial Court Court shall decide the case on the basis of available available material. 10. Pending application(s), if any, shall stand Pending
Decision
stand disposed of. 10.11.2025 Sumit Gusain SUMIT SINGH GUSAIN 2025.11.10 19:29 I attest to the accuracy and integrity of this document Whether speaking/reasoned speaking/reasoned reportable Whether reportable (VINOD S. BHARDWAJ) (VINOD JUDGE : : Yes/No Yes/No