July 21, 202 2025 , 2025 Gurmail Singh a Singh and another unjab State v. …
Case Details
CRM-M-37013-20 2025 238 1 1 NJAB AND HARYANA AT N THE HIGH COURT OF PUNJAB IN TH GARH CHANDIGARH CRM-M-37013-202 Date of decision: July 21, 202 2025 , 2025 Gurmail Singh a Singh and another unjab State of Punjab Versus ….Petitioner itioners ….Responden ondent CORAM: HO HON’BLE MR. JUSTICE SUME SUMEET GOEL Present:- Mr Mr. Jasdeep Singh Gill, Advocate f ocate for the petitioners. Mr. Gaurav Gurcharan S. Rai, Seni Mr i, Senior DAG Punjab. SUMEET GOE GOEL, J. (ORAL) ***** 1. Present petition has been filed un Pre BNSS, iled under Section 483 of the BNSS 2023 for grant o grant of regular bail to the petitioner ioners in case bearing FIR No.85 date ated 22.04.2025, reg registered for the offences punisha unishable under Sections 109, 190, 19 90, 191 (3), 61(2), 324 ), 324 (4) of the BNS, 2023 and Sec d Sections 25 & 27 of the Arms Ac s Act, 1959, at Police Police Station Sidhwan Bet, Police D olice District Ludhiana Rural, Distric District Ludhiana. 2.
Legal Reasoning
The case set up in the FIR in qu Th in question (as set out in the presen present petition by the p y the petitioners) is as follows:- “St Statement of Mandeep Singh s/o Su Surjit Singh s/o Ajmer Singh r/o 161 1612 Mandevilla lane seres-ca-95307 U.S.A Ma U.S.A., currently residing at Mohi, P. , P.S. Sudhar, District Ludhiana, aged ab Sud about 56 years, mobile no. 95921 5921- 61156. Stated that I am A resident of the 611 f the above-mentioned address and I cam came to Punjab from California in November to P ber 2024. Land my brother in law Tejinde jinder Singh s/o Bharpur Singh r/o Savaddi K Sin di Kalan are owners of land measuring 3 ing 31 acres, acr situated at Village Vill Taraf Kotli and an Munabbarpur. Till March 2024, I and Mu and my brother in law Tejinder Singh ha h had given our land on lease for cultivation giv tion to Jatinderjit Singh s/o Bhawandee ndeep MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment CRM-M-37013-20 2025 2 2 Singh Sin rch, r/o Tiharha. After March, I had myself sown the cro crop on this land. On 25.03.2025, case FIR N on IR No. 61 dated 25.03.2025 u/s 329, 303(2 03(2) BNS, P.S. Sidhwan Bet was reg BN registered against Gagandeep Sing Singh tc. on my statement. Then on 14.04.202 etc .2025, information was given by my know known persons per that Gagandeep Singh s/ s/o Pal Singh s/o Duman Sing Singh and Prabhsharan Singh s/ Gagandee and ndeep Singh r/o House No. 10, Stre Street No. 01, New Agar Nagar, Rajguru Na No u Nagar, Ludhiana, P.S. Sarabha Naga agar, District Ludhiana along with 30-40 pe Dis 0 persons are trying to harvest the whe wheat crop which was sown by me. In this re cro is regard, i made a complaint at 112 an 2 and police after reaching the spot restrained pol ained them from harvesting the crop: Bo : Both the parties were given time. Today, at a the at about 10:00 A.M., 1 came to know fro from my known person that Prabhsharan Si my n Singh s/o Gagandeep Singh along wi with Gurmail Singh s/o Gurdial Singh and Gu and Jaswinder Singh s/o Kartar Sing Singh, residents of Gholian Khurd, and Kuldee res ldeep Singh s/o Kulbir Singh, Harjit Sing Singh residents of Kashipur, Uttarakhand alon res along with 7-8 unknown persons are tryin trying to harvest the wheat crop and to take t to ke the possession. On which, I along wi g with my father in law Bharpur Singh s/o Ham my Hameer Singh, r/o Sabdin Kalan, Gurma rmail Singh s/o Channan Singh, Balwant Si Sin t Singh s/o Kishan Singh, Kohinoorpre rpreet Singh s/o Gurmail Singh, Narinder Sing Sin Singh s/o Gurmail Singh, residents of Mo Mohi and Avtar Singh s/o Balbir Singh r/o and r/o Sawadhin Kalan, Gurpreet Singh s gh s/o Jasvir Singh r/o Dolewal, Basti Kasean Jas seana, District Moga came to my fields lds in vehicle make Safari bearing no. PB-10E veh 10EA-1882 and my own Thar bearing n ng no. PB-10HQ-4477 situated in Villages Mu PB s Munabarpur and Taraf Kotli to see th ee the wheat crop. We parked our cars on the wh the main passage and as we alighted fro from the said vehicles in the passage, Prabhs th abhsharan Singh s/o Gagandeep Singh an h and along with him Gurmail Singh s/o Gurd alo Gurdial Singh, Jaswinder Singh s/o Karta artar Singh r/o Gholian Khurd, Kuldeep Singh Sin Singh s/o Kulbir Singh and Harjit Singh r gh r/o Kashipur, Uttarakhand and 7-8 Ka 8 unknown persons were alread lready hiding hid there along with their resp respective weapons. In the meantim ntime Prabhsharan Singh s/o Gagandeep Sing Pra Singh fired a shot at us with the intentio ention to kill us and to thereafter, his ass associates Kuldeep Singh s/o Kulb Kulbir Singh and Harjit Singh residents of Kas Sin Kashipur, Uttarakhand also fired shots ots at us with the intention to kill us. One sho us shot hit the side door of the vehicle mak make Safari bearing no. PB-10EA-1882 and Saf and another shot hit at the tire of the sa e said vehicle. One shot passed over my head veh ead and one shot was fired at my associa ociate Gurpreet Singh s/o Jasvir Singh r/o Vil Gu o Village Dolewal, Basti Kaseana, Distri istrict Moga with the intention to kill him, whi Mo which hit Gurpreet Singh in the abdome omen. They fired more shots at us with the inte The intention to kill us. My associate Narende ender MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment CRM-M-37013-20 2025 3 3 Singh arranged a vehicle and took Gurp Sin Gurpreet Singh to Civil Hospital, Jagrao raon, where he was referred to DMC Ludhian wh hiana. This attack was perpetrated with th ith the backing of (sheh par) Gagandeep Sing bac Singh s/o Pal Singh s/o Duman Singh r gh r/o House No.10, Street No. 01, New Agar Ho gar Nagar, Rajguru Nagar, Ludhiana, P. , P.S. Sarabha Nagar, District Ludhiana an Sar a and Jamail Singh s/o Kala Singh r h r/o Krishnapura Kalan, P.S. Dharmkot, D Kri ot, District Moga. The said incident wa t was witnessed by Narinder Singh s/o Gurma wit urmail Singh r/o Mohi. I called at 112 an 2 and gave information regarding the occu gav occurrence. The reason behind the sa said occurrence is that a dispute regarding occ ing our land is going on. After seeing th ng the police party, above persons pol fled away fled from the spot in the th vehicle make Thar along with their veh eir respective weapons. Action be take taken against them. I have got my statement re aga nt recorded, heard and found correct.” 3.
Legal Reasoning
Learned counsel for the petitioner Lea itioners has iterated that the petitioner itioners are in custody s tody since 22.04.2025. Learned couns counsel has further submitted that th that the petitioners hav s have been falsely implicated into d into the FIR in question. Learne earned counsel has fur further iterated that no fire shot o shot or any other injury invoking th ing the offence of Secti f Section 109 of BNSS, 2023 is attrib attributable to the petitioners, even a even as per the case of ase of the prosecution. Learned couns counsel has further argued that, at th at the most, the petitio petitioners are alleged to be armed med with danda and no specific injur c injury has been attribu attributed to the petitioners. Learned earned counsel for the petitioners ha ers has submitted that t that the petitioners are said to be ar be arraigned as accused primarily o rily on account of bein f being co-assailants, but no specific pecific role has been attributed to th to the petitioners and and hence no useful purpose wo se would be served by keeping th ing the petitioner in cus in custody. In this view of the matter matter, learned counsel has prayed fo yed for the grant of regu of regular bail to the petitioners. 4. Learned State counsel has opposed Lea pposed the present petition arguing tha ing that the allegations tions raised against the petitioners are are serious in nature and thus the us they do not deserve t serve the concession of the regular bai lar bail. Learned State counsel seeks t eeks to MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment CRM-M-37013-20 2025 4 4 place on record record the custody certificates dated ated 21.07.2025 in Court today, whic , which are taken on rec on record. 5. I have heard counsel for the rival I h rival parties and have gone through th ugh the available record records of the case. 6. The petitioners were arrested Th rested on 22.04.2025 whereinafte einafter investigation wa tion was carried out and challan stands stands presented. The rival contention entions raised by the the learned counsel; regarding the ng the specific role attributed to th to the petitioners an nd as to whether they can be he be held liable for the offence unde under Section 109 of t 09 of the BNSS, 2023 having added ded as the co-assailants or not; shall b shall be gone into durin during the course of trial. This Court Court does not deem it appropriate t riate to delve deep into p into these rival contentions, at this at this stage, lest it may prejudice th ice the trial. Nothing ta hing tangible has been brought forward orward to indicate the likelihood of th d of the petitioners absc absconding from the process of ss of justice or interfering with th ith the prosecution evid on evidence. As per custody certificates dated As ated 21.07.2025 filed by learned Stat d State counsel, the pet the petitioners have already suffered in ered incarceration for a period of mor f more than 02 months onths & are not shown to be involved olved in any other case. Suffice to say, further detention of Suf tion of the petitioners as undertrials ar are not warranted in nted in the facts and circumstances of ces of the case. 7. In view of above, the present pet In ent petition is allowed. Petitioners ar are ordered to be re o be released on regular bail on their their furnishing bail/surety bonds to th s to the satisfaction of t n of the Ld. concerned CJM/Duty Ma uty Magistrate. However, in addition t ition to conditions that s that may be imposed by the conce concerned CJM/Duty Magistrate, th ate, the petitioners shall shall remain bound by the following owing conditions:- (i) (i) The petitioners shall not mis ot mis-use the liberty granted. MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment CRM-M-37013-20 2025 5 5 (ii) The petitioners shall not tam (ii) not tamper with any evidence, oral or documentary, during the tria he trial. (iii) The petitioners shall not a (iii not absent themselves on any dat y date before the trial. (iv) The petitioners shall not com (iv bail. ot commit any offence while on bail. (v) The petitioners shall deposit (v) eposit their passports, if any, with th the trial Court. (vi) The petitioners shall give (vi give their cellphone numbers to th the Investigating Officer/SHO o SHO of concerned Police Station an ion and shall not change their cel cell-phone numbers without prio prior permission of the trial Court Court/Illaqa Magistrate. (vii) The petitioners shall not in a (vi trial. ot in any manner try to delay the trial. 8. In case of breach of any of the afor In e aforesaid conditions and those whic e which may be imposed posed by concerned CJM/Duty Magi Magistrate as directed hereinabove o bove or upon showing wing any other sufficient cause, th se, the State/complainant shall be a l be at liberty to move move cancellation of bail of the petitio petitioners. 9. 10. Ordered accordingly. Ord Nothing said hereinabove shall b No hall be construed as an expression o sion of opinion on the m n the merits of the case. 11. Since the main case has been d Sin been decided, pending miscellaneou laneous application, if a
Decision
n, if any, shall also stands disposed of sed off. (SUMEET GOEL) JUDGE Whether speaking/reasoned: Whether reportable: Yes/No Yes/No July 21, 2025 mahavir MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment