Maninder Singh v. State of Punjab
Case Details
CRM-M-20713-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20713-2025 Reserved on: 05.05.2025 Pronounced on: 19.05.2025 Maninder Singh ...Petitioner Versus State of Punjab …Respondent CORAM:
Legal Reasoning
HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. A.S. Manaise, Advocate for the petitioner. Mr. Sukhwinder Singh Rai, DAG, Punjab. Mr. Rahul Aggarwal, Advocate for the victim. ANOOP CHITKARA, J. **** FIR No. Dated Police Station Sections 26 10.03.2025 Fatehgarh Churian, District Police Batala 115(2)/118(1)/118(2)/191(3)/ 190 of BNS. 1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail. 2. In paragraph 13 of the bail petition, the accused declares that he has no criminal antecedents. 3. The facts and allegations are taken from the translated copy of the FIR attached to the bail petition, which reads as follows: “Statement of Satpal Singh, son of Katha Singh, resident of Dale Chak, Police Station Fatehgarh Churian, aged around 63 years, mobile number 6239190193. Stated that I am a resident of the above-mentioned address and I run a grocery shop at Adda Chandu Suja. I and My wife Gurmeet Kaur both sit at the grocery shop. My son Kanwaljeet Singh who is doing milk business, collects and buys milk from various villages and brings it to our shop at Adda Chandu Suja. After delivering the milk to the dairy suppliers, he joins us at the shop to help with the work. Yesterday, on 08.03.2025 at about 8 PM in the evening as usual, the three of us i.e. myself, my wife Gurmeet Kaur, and my son Kanwaljeet Singh after closing the shop and left for our village Dale Chak. My son was driving in front of us on his milk vehicle, and my wife and I were following behind him in 1 Jyoti Sharma 2025.05.20 17:24 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRM-M-20713-2025 our i10 car. When we reached in front of the Church and Hotel Chandu Suja, a car came from the front in which five persons were seated. They overtook my son's vehicle and stopped it by blocking its path and from the car, Maninder Singh alias Lucky son of Rachhpal Singh resident of Malakwal, armed with a datar along with four unidentified persons carrying hockey sticks and baseball bats. Then, from behind us one another car arrived, from which 4-5 more unidentified persons also got down with hockey sticks and baseball bats. Maninder Singh alias Lucky raised Lalkara, "Catch him! He buys milk from our customers!" and he ask them that "Let's teach him a lesson for buying milk from our customers!" Then all of them pulled my son Kanwaljeet Singh out of his vehicle by force. Maninder Singh alias Lucky gave blow to my son Kanwaljeet Singh twice with his datar. One blow hit the right side of head of my son and the other hit to near the ring finger of his right hand. The unidentified men who were accompanying Maninder Singh also started attacking upon my son with their hockey sticks and baseball bats. He was hit on the back of his head, on his left hand, and near the elbow of his right arm. I and My wife Gurmeet Kaur rushed forward to save our son Kanwaljeet Singh, but they pushed us as well, causing me to suffer minor injuries. We raised an alarm, upon hearing this, the attackers, while hurling abuses, fled from the scene along with their weapons in their vehicle. We placed our son Kanwaljeet Singh into our car and took him to the Civil Hospital in Fatehgarh Churian for treatment, where the doctors treated him. However, today, on 09.03.2025, due to the deterioration in his condition, he was referred to Guru Nanak Dev Hospital, Amritsar, where he is currently under treatment. The motive behind the attack is personal enmity. My son collects milk from nearby villages in his vehicle, and the accused, Maninder Singh alias Lucky, is also in the milk business. He alleges that Kanwaljeet Singh buys milk from his customers. Due to this very enmity, Maninder Singh alias Lucky, son of Rachhpal Singh, resident of Malakwal, along with his accomplices, injured my son Kanwaljeet Singh by inflicting physical injury. I have given and recorded my statement to yourself, and I have heard it which is correct. I am the complainant. Legal action should be taken against the mentioned individuals. Sd/- Satpal Singh Verified by: Sd/- Harjinder Singh. Sub-Inspector In-charge, Police Station Fatehgarh Churian, Date: 09-03-2025.” 4. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. 5. 6. The State’s counsel opposes bail and refers to the status report. It would be appropriate to refer to the following portions of the status report, which read as follows: “2. That the brief and relevant facts of the case are that aforesaid FIR No. FIR No. 26 dated 10.03.2025 was registered on the basis of the statement of Satpal Singh son of Katha Singh, who had alleged therein that his son Kawaljit Singh was a milkman, who used to collect milk from nearby villages and bring it to their grocery shop at village Chandu Suja and gives the same to Verka Dairy. He further alleged that on 08.03.2025 at about 08:00 PM, he along with his wife Gurmeet Kaur and son Kawaljit Singh were towards 2 Jyoti Sharma 2025.05.20 17:24 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRM-M-20713-2025 their village Dalle-Chak and his son Kawaljit Singh was ahead and he along with his wife were following them on 1-10 Car and they reached near Church, one vehicle stopped the car of his son and the petitioner armed with a datar and 4/5 unidentified persons armed with hockey sticks and baseball bat alighted from the car and another car also came over there and 4/5 unidentified persons armed with hockey and baseball bat alighted from the aforesaid car and the petitioner raised a lalkara to teach his son a lesson for purchasing milk from his customers and all the aforesaid accused pulled his son Maninder Singh from the car. He further alleged that the petitioner caused injuries on the right side of head and first finger of right hand of his son with two consecutive blows of datars and accomplices of the petitioner also caused injuries upon his son and when he and his wife tried to rescue his son, all the aforesaid accused also entered into scuffle with them and when they raised hue and cry for help, all the aforesaid accused fled away from the spot with their respective weapons. It was further alleged by him that the main cause of the incident was that the petitioner had a grudge with his son that his son used to purchase milk from his (petitioner) customers. The detailed facts mentioned by Satpal Singh in his aforesaid statement has been reproduced in the true translation of the aforesaid FIR No. 26 dated 10.03.2025 attached with the petition as Annexure P-1, which may kindly be read as a part of present paragraph as same are not repeated here for the sake of brevity.” 7. Counsel for the petitioner has referred to following paragraphs of bail petition which reads as follows: 5. That in fact, both the parties are running milk business and the milk supply of complainant party was found to be adulterated during sampling on 03.03.2025, due to it was rejected. On account of this, Kanwaljit Singh (son of complainant) apologized and undertook not to repeat the mistake. A copy of letter and undertaking is attached herewith as Annexure P-2. 6. That on account of this, the complainant suspected that petitioner had complained against them and thus, the complainant started nursing a grudge. Due to this grudge, the complainant party concocted a story and got registered the above said false FIR after a delay of 2 days. That as per allegations, the petitioner was allegedly 7. armed with a datar, who gave a blow on the right side of head of Kanwaljit Singh and another blow on the right-hand index finger. The MLR of Kanwaljit Singh is attached as Annexure P-3 dated 08.03.2025 which shows injury No.2 on the right-hand index finger to be grievous in nature while other injuries are simple in nature. 8. That the alleged grievous injury is on the non-vital part of the body and the same has been fabricated by the injured in order to make the case serious. It is highly improbable that a datar blow would injure only the index finger without harming the other fingers. 9. That there is a delay of 2 days in lodging the FIR during which a story has been concocted. The alleged occurrence took place on 08.03.2025 whereas the FIR was lodged on 10.03.2025. 10. That it is a case of version and cross-version, where the complainant party has caused injuries to Ashok Kumar who was Jyoti Sharma 2025.05.20 17:24 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 3 CRM-M-20713-2025 examined vide MLR dated 09.03.2025 Annexure P-4. However, the police failed to take any legal action against the opposite party.” 8. State counsel opposes the bail and has referred to status report. It would be appropriate to refer to following portion of status report which reads 9. as follows: “ Time period for which victim remained in hospital 5. That as per the hospital record, the victim was admitted in hospital from 09.03.2025 to 26.03.2025 Weapons used 6. That as per the version of the complainant Satpal Singh, the petitioner was armed with a datar and remaining unidentified persons were armed with baseball bats and hockey sticks. Weapon and injuries attributed to the petitioner 7. That as per the version of the complainant Satpal Singh, the petitioner was armed with a datar and the injuries attributed to the petitioner on the right side of head and first finger of right hand. The injuries given by doctor are as under:- i) Incised wound of approx.. 4.5 x 1cm, approx. 0.5 cm deep on parieto temporal region of right side of head, approx. 5cm above right eyebrow. ii.) Incised wound of approx.. 1.5 x 0.5cm, approx. 0.5cm deep on palmer surface of index finger of right hand, approx. 0.5cm from meta carpo phalangeal joint of right index finger. Evidence based upon which the petitioner was arraigned as an accused 8. That the petitioner was arraigned as an accused on the basis of statement of the complainant Satpal Singh, wherein he had alleged that the petitioner and other unidentified persons had caused injuries upon his son Kawaljit Singh. Evidence against the petitioner 9. That the prosecution evidence against the petitioner is primarily based on the oral statement of the complainant Satpal Singh corroborated with the medico-legal examination of his son Kawaljit Singh. Role of the petitioner 10. That as per the version of the complainant Satpal Singh, the petitioner and other unknown persons in furtherance of their common object had attacked upon Kanwaljit Singh and caused injuries on the right side of head and little finger of right hand.” 10. An analysis of the arguments clearly points out that the petitioner had attacked and caused injuries on the right side of head and index finger of right hand. The injury on head is corroborated by medical evidence which has been mentioned above. The injury was on parietal temporal region on the right side of head which is the most vital part of the human body. Complainant remained in hospital for 17 days. Petitioner was armed Jyoti Sharma 2025.05.20 17:24 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 4 CRM-M-20713-2025 with datar. Thus, the act of the petitioner shows cruelty and the injury was on the vital part and complainant had to remain hospitalized for 17 days, given the facts and circumstances of the case, petitioner is not entitled to bail. 11. A perusal of the bail petition and the documents attached primafacie points towards the petitioner’s involvement and does not make out a case for anticipatory bail. The impact of crime would also not justify anticipatory bail. Any further discussions will likely prejudice the petitioner; this court refrains from doing so. 12. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 13. Petition dismissed. Interim order dated 22.04.2025 is re-called. All pending
Decision
applications, if any, are disposed of. (ANOOP CHITKARA) JUDGE 19.05.2025 Jyoti Sharma Whether speaking/reasoned: Yes No. Whether reportable: Jyoti Sharma 2025.05.20 17:24 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 5