The High Court
Case Details
CRM-M-52166-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 344 JONI CRM-M-52166-2025 Decided on : 20.11.2025 STATE OF PUNJAB AND ANOTHER Versus ......Petitioner ......Respondents CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present:
Legal Reasoning
Mr. Vipan Kumar, Advocate, for the petitioner. Mr. Neeraj Madaan, Sr. DAG, Punjab. Mr. Kapil Khanna, Advocate, for respondent No.2. **** SANJAY VASHISTH, J. 1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner(s) FIR No. Date Section(s) Joni, aged about 40 years 66 20.05.2021 307, 341, 323, 324, 148, 149, 201 of IPC Police Station Bhargo Camp District Jalandhar 2. Learned counsel for the petitioner submits that FIR was registered long ago, on 20.05.2021, regarding the injuries allegedly inflicted on the complainant, Tarzan son of Dilawar Singh. LAVISHA 2025.11.20 18:47 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-52166-2025 2 As per the allegations, several accused persons were present at the spot, namely, Mukul armed with kirpan; Jony (petitioner herein) armed with datar; Sham Murari @ Ghudu armed with datar; Lucky and Vicky armed with hockey sticks; Vishal Dubey, Shiva, Gopy, and Lovepreet armed with baseball bats; Raman armed with an iron rod; Laksh Verma armed with datar; along with some unidentified individuals, all of whom were alleged to have caused injuries. 3. Counsel for the petitioner contends that, despite the petitioner allegedly being armed with datar, medical description of injuries does not attribute any specific blow caused by him. It is argued that petitioner has been falsely implicated due to political rivalry and he has no connection with any monetary dispute between the complainant and the other accused persons. 4. By producing the medico-legal report dated 18.05.2021 from Global Hospital, Jalandhar, counsel for the petitioner points out that injured suffered total five injuries, out of which only Injury No.2, which was declared as a unicortical fracture of the right fibula, was classified as grievous. It is further submitted that during the pendency of the proceedings, dispute between the petitioner and complainant has already been amicably settled. Petitioner is in custody since 14.06.2025, and his continued incarceration would serve no useful purpose for the prosecution. Thus, counsel prays for grant of regular bail to the petitioner in the present case. LAVISHA 2025.11.20 18:47 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-52166-2025 3 5. In response to the arguments addressed by learned counsel for the petitioner, learned State counsel, produces the custody certificate dated 18.11.2025 in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner. As per the custody certificate, in the present case, petitioner has already undergone 05 months and 02 days period inside jail. 6. Learned State counsel, while opposing the prayer and submissions made on behalf of the petitioner, submits that petitioner is involved in another criminal case, as well. It is further argued that, considering the petitioner’s conduct in evading arrest for several years, he does not deserve any leniency or the concession of bail, at this stage. 7. Mr. Kapil Khanna, Advocate, puts in appearance on behalf of respondent No.2/complainant, and files his power of attorney in Court today, which is taken on record. 8. Counsel for the complainant/respondent No.2 endorses the factual position stated by learned counsel for the petitioner and confirms that dispute with the petitioner has been amicably settled. 9. This Court has heard the submissions addressed by counsel for the parties and has also gone through the record available before it. 10. Relevant portion of Injury Report Form prepared by Global Hospital, Jalandhar, is reproduced here under:- “Following injuries were noted:- Injury 1:- A Linear sutured wound of approximately 7 cm present over left temporal aspect of head region (Advise CT Head and Neurosurgeon consult) LAVISHA 2025.11.20 18:47 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-52166-2025 4 Injury 2:- Multiple bruises present over anterior and antero-lateral aspect of right leg (Advised X – Ray right leg AP/LAT) Injury 3:- Multiple abrasions present over anterior aspect of left knee (Advised X – Ray left knee AP/LAT) Injury 4:- A single sutured wound of approximately 1 cm present over anterior aspect of left leg, approximately 3 cm proximal to left ankle joint Injury 5:- A lacerated wound of approximately 2 cm x 0.5 cm present over volar aspect of middle phalynx of little finger of right hand (Advised X Ray right hand AP/oblique) Nature of injury:- X-Ray and CT Scan reports awaited (Kept under observation) Weapons used:- Can not be determined for injury No.1, blunt for rest all injuries. Duration:- within 8 hours INJURY REPORT This is regarding Patient Tarzan s/o Delawar Singh, MLC No. - LKM/15/2021/51913 Injury No.1:- Nature of injury:- Simple in nature Injury No.2:- X – Ray:- Unicortical fracture fibula right leg Nature of injury:- Grievous in nature Injury No.3:- Nature of injury:- Simple in nature Injury No.4:- Nature of injury:- Simple in nature Injury No.5:- Nature of injury:- Simple in nature” 11. Since, only one injury was declared grievous which was on non-vital part of the injured’s body, and petitioner is not alleged to have caused any of the said injuries, his continued incarceration since 14.06.2025 serves no useful purpose for the prosecution. LAVISHA 2025.11.20 18:47 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-52166-2025 5 12. Therefore, in view of the totality of circumstances, nature of the allegations against the petitioner, and the factors discussed here above, this Court deems it appropriate to extend the concession of bail to the petitioner in the present case. Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 13. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 14. Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. 15.
Decision
Petition stands disposed of. (SANJAY VASHISTH) JUDGE 20.11.2025 Lavisha Whether Speaking/Reasoned: YES/NO YES/NO Whether Reportable: LAVISHA 2025.11.20 18:47 I attest to the accuracy and integrity of this document PHHC, Chandigarh