CRM-M-13079 v. State of Punjab

MANDEEP PANNU HON'BLE MS. JUSTICE MANDEEP PANNU Present: Advocate for the petitioner. Mr. Hitesh Chopra, Advocate for the petitioner. Mr. Hitesh Chopra, Mr. Hardeep Singh Wadhwa, DAG Punjab. Mr. Hardeep Singh Wadhwa, DAG Punjab Mr. Hardeep Singh Wadhwa, DAG Punjab -.- MANDEEP PANNU J. (Oral) MANDEEP PANNU J.

1. Section 439 Cr.P.C. seeking The present is a second petition under Section 439 Cr.P.C. seeking The present is a second petition under The present is a second petition under grant of regular bail in FIR No. 41 dated 25.04.2023, registered under Sections 307, rant of regular bail in FIR No.41 dated 25.04.2023, registered under Sections 307, 41 dated 25.04.2023, registered under Sections 307, 54/59 of the Arms Act, Police Station Dhariwal, District 34 IPC and 25/27/54/59 of the Arms Act, Police Station Dhariwal, District 54/59 of the Arms Act, Police Station Dhariwal, District 34 IPC and 25/ Gurdaspur.

2. The FIR in question was registered on the statement of the The FIR in question was registered on the statement of The FIR in question was registered on the statement of The FIR in question was registered on the statement of complainant Rajinder Kumar with regard to firearm injuries suffered by his son complainant Rajinder Kumar with regard to firearm injuries suffered by his son complainant Rajinder Kumar with regard to firearm injuries suffered by his son complainant Rajinder Kumar with regard to firearm injuries suffered by his son Amit Dhunna. The FIR alleges that two unidentified assailants fired gunshots and Amit Dhunna. The FIR alleges that two unidentified assailants fired gunshots and Amit Dhunna. The FIR alleges that two unidentified assailants fired gunshots and Amit Dhunna. The FIR alleges that two unidentified assailants fired gunshots and fled from the spot. The name of the present petitioner does not find mention in the fled from the spot. The name of the present petitioner does not find mention in the fled from the spot. The name of the present petitioner does not find mention in the fled from the spot. The name of the present petitioner does not find mention in the is any specific role attributed to him therein. FIR, nor is any specific role attributed to him therein. is any specific role attributed to him therein.

3. The petitioner came to be nominated at a later stage during The petitioner came to be nominated at a later stage during The petitioner came to be nominated at a later stage during The petitioner came to be nominated at a later stage during investigation, primarily on the basis of a disclosure statement allegedly suffered by investigation, primarily on the basis of a disclosure statement allegedly suffered by investigation, primarily on the basis of a disclosure statement allegedly suffered by investigation, primarily on the basis of a disclosure statement allegedly suffered by een presented, charges have him after his arrest in another case. Challan has since been presented, charges have him after his arrest in another case. Challan has since b him after his arrest in another case. Challan has since b been framed, and the trial is stated to be pending for prosecution evidence. been framed, and the trial is stated to be pending for prosecution evidence. been framed, and the trial is stated to be pending for prosecution evidence.

4. As per the custody certificate, the petitioner has remained in custody As per the custody certificate, the petitioner has remained in custody As per the custody certificate, the petitioner has remained in custody As per the custody certificate, the petitioner has remained in custody for a period of 02 days. 02 years, 04 months and 30 days. TRIPTI SAINI 2026.01.20 17:05 I attest to the accuracy and integrity of this document CRM-M-13079- -2025 (O&M) -2-

5. petitioner has taken this Court through the Learned counsel for the petitioner has taken this Court through the petitioner has taken this Court through the Learned counsel for the entire factual narrative of the investigation and has argued that the prosecution entire factual narrative of the investigation and has argued that the prosecution entire factual narrative of the investigation and has argued that the prosecution entire factual narrative of the investigation and has argued that the prosecution story suffers from serious infirmities, which prima facie dilute the case against the story suffers from serious infirmities, which prima facie dilute the case against the story suffers from serious infirmities, which prima facie dilute the case against the story suffers from serious infirmities, which prima facie dilute the case against the petitioner.

6. titioner is neither named in the FIR nor in It is submitted that the petitioner is neither named in the FIR nor in titioner is neither named in the FIR nor in It is submitted that the initial statement of the complainant or the injured. Even the injured Amit the initial statement of the complainant or the injured. Even the injured Amit the initial statement of the complainant or the injured. Even the injured Amit the initial statement of the complainant or the injured. Even the injured Amit Dhunna did not name the petitioner at the first available opportunity. This, Dhunna did not name the petitioner at the first available opportunity. This, Dhunna did not name the petitioner at the first available opportunity. This, Dhunna did not name the petitioner at the first available opportunity. This, according to learned counsel, creates a serious dent in the prosecution version. according to learned counsel, creates a serious dent in according to learned counsel, creates a serious dent in

7. The petitioner has been nominated solely on the basis of his own The petitioner has been nominated solely on the basis of his own The petitioner has been nominated solely on the basis of his own The petitioner has been nominated solely on the basis of his own disclosure statement, which was allegedly recorded after his arrest in some other disclosure statement, which was allegedly recorded after his arrest in some other disclosure statement, which was allegedly recorded after his arrest in some other disclosure statement, which was allegedly recorded after his arrest in some other case. case. case. case. It It It It is argued is argued is argued is argued that such disclosure statements, particularly when that such disclosure statements, particularly when that such disclosure statements, particularly when that such disclosure statements, particularly when rated, are weak pieces of evidence, the admissibility and probative value uncorroborated, are weak pieces of evidence, the admissibility and probative value rated, are weak pieces of evidence, the admissibility and probative value rated, are weak pieces of evidence, the admissibility and probative value Learned counsel submits that the whereof shall be determined only during trial. Learned counsel submits that the whereof shall be determined only during trial. whereof shall be determined only during trial. me other investigation has travelled through multiple shifting versions. Initially, some other investigation has travelled through multiple shifting versions. Initially, so investigation has travelled through multiple shifting versions. Initially, so persons were suspected, later, new accused were roped in persons were sus and finally, the petitioner ater, new accused were roped in and finally, the petitioner Even was nominated, allegedly to complete the challan within the statutory period. Even was nominated, allegedly to complete the challan within the statutory period. was nominated, allegedly to complete the challan within the statutory period. assuming firearm injuries were caused, the FIR does not specify which accused assuming firearm injuries were caused, the FIR does not specify which accused assuming firearm injuries were caused, the FIR does not specify which accused assuming firearm injuries were caused, the FIR does not specify which accused s it attribute any overt act to the petitioner. The fired the gunshot, nor does it attribute any overt act to the petitioner. The s it attribute any overt act to the petitioner. The fired the gunshot, nor doe prosecution has thus failed to establish, at least prima facie, the specific role of the prosecution has thus failed to establish, at least prima facie, the specific role of the prosecution has thus failed to establish, at least prima facie, the specific role of the prosecution has thus failed to establish, at least prima facie, the specific role of the It is argued that although one injury has been opined to be caused by a petitioner. It is argued that although one injury has been opined to be caused by a It is argued that although one injury has been opined to be caused by a It is argued that although one injury has been opined to be caused by a es not conclusively support the prosecution version firearm, the medical opinion does not conclusively support the prosecution version es not conclusively support the prosecution version firearm, the medical opinion do insofar as attribution of injury to a particular accused is concerned. insofar as attribution of injury to a particular accused is concerned. insofar as attribution of injury to a particular accused is concerned.

8. he petitioner has been in custody since It is further argued that the petitioner has been in custody since he petitioner has been in custody since It is further argued that t arges, only one 16.08.2023. Despite presentation of challan and framing of charges, only one 16.08.2023. Despite presentation of challan and framing of ch 16.08.2023. Despite presentation of challan and framing of ch witness out of 29 has been examined so far. The trial is likely to take a long time to witness out of 29 has been examined so far. The trial is likely to take a long time to witness out of 29 has been examined so far. The trial is likely to take a long time to witness out of 29 has been examined so far. The trial is likely to take a long time to TRIPTI SAINI 2026.01.20 17:05 I attest to the accuracy and integrity of this document CRM-M-13079- -2025 (O&M) -3- The petitioner has already undergone incarceration of more than two conclude. The petitioner has already undergone incarceration of more than two The petitioner has already undergone incarceration of more than two The petitioner has already undergone incarceration of more than two years and four months, which, according to learned counsel, amounts to pre-trial years and four months, which, according to learned counsel, amounts to pre years and four months, which, according to learned counsel, amounts to pre punishment, especially when guilt is yet to be established. punishment, especially when guilt is yet to be established. punishment, especially when guilt is yet to be established.

9. Per contra, learned State counsel has opposed the bail application with Per contra, learned State counsel has opposed the bail application with Per contra, learned State counsel has opposed the bail application with Per contra, learned State counsel has opposed the bail application with equal vehemence and has relied upon the status report filed by the Deputy equal vehemence and has relied upon the status report filed by the Deputy equal vehemence and has relied upon the status report filed by the Deputy equal vehemence and has relied upon the status report filed by the Deputy FSL/ballistic report. Superintendent of Police, as well as the FSL/ballistic report. Superintendent of Police, as well as the

10. The offence alleged is under Section 307 IPC, involving firearm The offence alleged is under Section 307 IPC, involving firearm The offence alleged is under Section 307 IPC, involving firearm The offence alleged is under Section 307 IPC, involving firearm The FSL report dated injuries, which by itself reflects the gravity of the crime. The FSL report dated injuries, which by itself reflects the gravity of the crime. injuries, which by itself reflects the gravity of the crime.

30.10.2023 clearly opines that the cartridge cases recovered from the spot were 30.10.2023 clearly opines that the cartridge cases recovered from the spot were 30.10.2023 clearly opines that the cartridge cases recovered from the spot were 30.10.2023 clearly opines that the cartridge cases recovered from the spot were fired from the country made pistol recovered from the petitioner in FIR No. 27 red from the country-made pistol recovered from the petitioner in FIR No. 27 made pistol recovered from the petitioner in FIR No. 27 dated 26.05.2023. This, according to the State, establishes a direct forensic link dated 26.05.2023. This, according to the State, establishes a direct forensic link dated 26.05.2023. This, according to the State, establishes a direct forensic link dated 26.05.2023. This, according to the State, establishes a direct forensic link As per the disclosure statement, the petitioner between the petitioner and the crime. As per the disclosure statement, the petitioner As per the disclosure statement, the petitioner between the petitioner and the crime. accused Manga Masih fired gunshots at the victim with an intention along with co-accused Manga Masih fired gunshots at the victim with an intention accused Manga Masih fired gunshots at the victim with an intention accused Manga Masih fired gunshots at the victim with an intention to kill. The weapon recovered at the instance of the petitioner is stated to have been to kill. The weapon recovered at the instance of the petitioner is stated to have been to kill. The weapon recovered at the instance of the petitioner is stated to have been to kill. The weapon recovered at the instance of the petitioner is stated to have been The petitioner is involved in multiple other used in the commission of the offence. The petitioner is involved in multiple other The petitioner is involved in multiple other used in the commission of the offence. g offences under the IPC, Arms Act, and NDPS Act. This shows that FIRs, including offences under the IPC, Arms Act, and NDPS Act. This shows that g offences under the IPC, Arms Act, and NDPS Act. This shows that g offences under the IPC, Arms Act, and NDPS Act. This shows that the petitioner is a habitual offender, and his release on bail may pose a threat to the petitioner is a habitual offender, and his release on bail may pose a threat to the petitioner is a habitual offender, and his release on bail may pose a threat to the petitioner is a habitual offender, and his release on bail may pose a threat to public order.Given the antecedents and the nature of allegations, there is a public order.Given the antecedents and the nature of allegations, there is a public order.Given the antecedents and the nature of allegations, there is a public order.Given the antecedents and the nature of allegations, there is a the petitioner may influence witnesses or indulge in reasonable apprehension that the petitioner may influence witnesses or indulge in the petitioner may influence witnesses or indulge in reasonable apprehension that This Court is conscious of the seriousness of similar offences if released on bail. This Court is conscious of the seriousness of This Court is conscious of the seriousness of similar offences if released on bail. the allegations and the fact that firearm injuries were caused to the victim. the allegations and the fact that firearm injuries were caused to the victim. the allegations and the fact that firearm injuries were caused to the victim. the allegations and the fact that firearm injuries were caused to the victim. elevant, cannot be the sole consideration However, the gravity of offence, though relevant, cannot be the sole consideration elevant, cannot be the sole consideration However, the gravity of offence, though r while deciding a bail application under Section 439 Cr.P.C. while deciding a bail application under Section 439 Cr.P.C. while deciding a bail application under Section 439 Cr.P.C.

11. The The following aspects weigh significantly with this Court. The The following aspects weigh significantly with this Court The following aspects weigh significantly with this Court petitioner was not named in the FIR, which remains a relevant circumstance at the petitioner was not named in the FIR, which remains a relevant circumstance at the petitioner was not named in the FIR, which remains a relevant circumstance at the petitioner was not named in the FIR, which remains a relevant circumstance at the TRIPTI SAINI 2026.01.20 17:05 I attest to the accuracy and integrity of this document CRM-M-13079- -2025 (O&M) -4- His nomination is primarily based upon a disclosure statement, the stage of bail. His nomination is primarily based upon a disclosure statement, the His nomination is primarily based upon a disclosure statement, the His nomination is primarily based upon a disclosure statement, the The petitioner has evidentiary value of which is yet to be tested during trial. The petitioner has evidentiary value of which is yet to be tested during trial. evidentiary value of which is yet to be tested during trial. The trial is remained in custody for more than two years and four months. The trial is remained in custody for more than two years and four months. remained in custody for more than two years and four months. ow pace, with only one witness examined out of 29. progressing at a very slow pace, with only one witness examined out of 29. ow pace, with only one witness examined out of 29. progressing at a very sl Continued incarceration, in the given circumstances, would offend the settled Continued incarceration, in the given circumstances, would offend the settled Continued incarceration, in the given circumstances, would offend the settled Continued incarceration, in the given circumstances, would offend the settled While the criminal principle that bail is the rule and jail is an exception. While the criminal principle that bail is the rule and jail is an exception. principle that bail is the rule and jail is an exception. ide, it is equally settled that antecedents of the petitioner cannot be brushed aside, it is equally settled that antecedents of the petitioner cannot be brushed as antecedents of the petitioner cannot be brushed as antecedents alone are not sufficient to deny bail, particularly when the trial is antecedents alone are not sufficient to deny bail, particularly when the trial is antecedents alone are not sufficient to deny bail, particularly when the trial is antecedents alone are not sufficient to deny bail, particularly when the trial is unlikely to conclude in the near future. unlikely to conclude in the near future.

12. The apprehension of the State can be sufficiently safeguarded by The apprehension of the State can be sufficiently safeguarded by The apprehension of the State can be sufficiently safeguarded by The apprehension of the State can be sufficiently safeguarded by imposing stringent conditions. imposing stringent conditions.

13. Considering Considering Considering Considering totality of facts and circumstances, without totality of facts and circumstances, without totality of facts and circumstances, without totality of facts and circumstances, without expressing any opinion on the merits of the case, this Court is of the considered expressing any opinion on the merits of the case, this Court is of the considered expressing any opinion on the merits of the case, this Court is of the considered expressing any opinion on the merits of the case, this Court is of the considered view that the petitioner has made out a case for grant of regular bail. view that the petitioner has made out a case for grant of regular bail. view that the petitioner has made out a case for grant of regular bail.

14. Accordingly, the present petition is allowed. Accordingly, t Piara on is allowed. The petitioner Piara Masi is ordered to be released on regular bail, subject to Masih @ Shooter Masi is ordered to be released on regular bail, subject to Masih @ Shooter furnishing bail and surety bonds to the satisfaction of the learned Trial Court/Duty furnishing bail and surety bonds to the satisfaction of the learned Trial Court/Duty furnishing bail and surety bonds to the satisfaction of the learned Trial Court/Duty furnishing bail and surety bonds to the satisfaction of the learned Trial Court/Duty ed trial Court on each and The petitioner shall appear before the learned trial Court on each and The petitioner shall appear before the learn Magistrate. The petitioner shall appear before the learn every date of hearing and shall not misuse the concession of bail in any manner. every date of hearing and shall not misuse the concession of bail in any manner. every date of hearing and shall not misuse the concession of bail in any manner. every date of hearing and shall not misuse the concession of bail in any manner.

15. Nothing observed hereinabove shall be construed as an expression on Nothing observed hereinabove shall be construed as an expression on Nothing observed hereinabove shall be construed as an expression on Nothing observed hereinabove shall be construed as an expression on the merits of the case. the merits of the case.

16. Pending application(s), if any, is/are disposed of. Pending application(s), if any, is/are dispose Pending application(s), if any, is/are dispose January 20, 2026 6 tripti (MANDEEP PANNU) JUDGE Whether speaking/non-speaking : Speaking speaking : Speaking Whether speaking/non : Yes/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2026.01.20 17:05 I attest to the accuracy and integrity of this document