Singh @ Poshi @ Jashanpreet Singh v. State of Punjab

Present :- Mr. Mr. Imaan Singh Khara, Advocate for for the petitioner. Mr. Mohit Kapoor, Sr.DAG, Punjab Mr. Punjab. Mr. Deepak Gupta, Advocate, for the Mr. the complainant. VINOD S. BHARDWAJ ***** BHARDWAJ, J. (Oral) The instant second petition has been The filed under Section 483 of the Bharatiya Nagarik Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case case bearing FIR No.131 dated

01.10.2023 registered under Sections 307, 325, 325, 324, 506, 148, 149 of the Indian Indian Penal Code, 1860(Section 201 IPC added later later on) at Police Station Cantt Bathinda, Bathinda, District Bathinda.

2. The FIR in the present case has been The registered on the statement of Talwinder Singh Singh @ Kala son of Mahinder Singh, which reads thus:- “I hereby hereby state that I am resident of of afore-mentioned address and I do do labour work at Bathinda Cantt. Cantt. We are 02 brothers and we have 01 sister. My brother Jasvir Singh Singh is elder than me and he also do labour work with me at Bathinda Bathinda Cantt and he is married. Duty ty time of my brother Jasvir Singh Singh is from 01:00 PM to 07:00 PM at Bathinda Cantt. On dt. 29.09.2023 PM

29.09.2023 after duty my brother came back at home and after dinner dinner he had gone to our fields to switch off the motor. At time about 8:45 switch 8:45 PM after switching off the otor when my brother was coming coming back towards our house then I was was doing walk at the slip road road adjoining to Main Road Bathinda/Barnala Highway under the Bathinda/Barnala the glow of street lights and crowd had gathered near Government Government School at some distance from the slip road and noise of disturbance disturbance was coming from SUMIT SINGH GUSAIN 2026.01.13 10:19 I attest to the accuracy and integrity of this document 221 CRM-M-73176-2025(O&M) 2 there. I also immediately went there and saw that Jashandeep Singh @ Poshi son of Baljinder Singh @ Thulla and his father Baljinder Singh @ Thulla son of Gurdev Singh residents of Bhucho Khurd and their 04/05 unknown accomplices, who were holding swords and datars in their hands, were saying loudly that today do not spare Jasvir, today finish the work of Jasvir. Baljinder Singh @ Thulla was holding naked sword in his hand and in front of me he gave straight blow of sword, which he was holding in his hand, at my brother Jasvir Singh which hit at the mouth of my brother at left side. Afore-mentioned Jashandeep Singh was holding axe in his hand and in front of me he gave straight blow of axe, which he was holding in his hands, at my brother Jasvir Singh towards his head which hit in the middle of my brother's head and my brother fell down on the ground while raising alarm of 'maarta-maarta. I also reached at the spot while raising alarm of 'na-maro, na-maro'. I canidentify those 04/05 unknown persons, who were holding swords and datars in their hands, if paraded in front of me. They gave blows of their swords and datars at my brother when he was lying down on the ground which hit my brother at back side of his head. I raised alarm for help in loud voice and then all afore-mentioned assailants fled away from the spot alongwith their weapons by riding on their motorcycles while giving threats and at the time of fleeing way they said to me that we have killed your brother, now lift him. In the meantime my uncle's (chacha) son Harpreet Singh came at the spot in car on hearing the noise of disturbance and we put my brother Jasvir Singh in car and admitted him at Adesh Medical College Bhucho Kalan for medical treatment and after taking initial medical treatment from there we brought my brother at D.M.C. Hospital Ludhiana for better medical treatment, where, my brother Jasvir Singh is under medical treatment. Reason for grudge is that a short while ago my brother Jasvir Singh and Jashandeep Singh @ Poshi argued with each other and had spoken abusive language to each other and also fought with each other. Due to this grudge Jashandeep Singh in connivance with his father and unknown persons inflicted injuries to my brother SUMIT SINGH GUSAIN 2026.01.13 10:19 I attest to the accuracy and integrity of this document 221 CRM-M-73176-2025(O&M) 3 Jasvir Singh with intent to kill him. Necessary legal action be taken against Jashandeep Singh @ Pochi, Baljinder Singh @ Thulla and their 04/05 unknown accomplices. Statement recorded to you, heard, read over, and is correct. Sd/-…..”

3. Learned counsel appearing on behalf of the petitioner contends that the FIR in the present case was registered after a delay of 03 days from the date of the incident which took place on 29.09.2023. He further contends that notwithstanding the same, the petitioner was taken into custody in quick succession and has since undergone an actual sentence of 02 years and 03 months. He further contends that the co-accused of the petitioner has already been granted concession of regular bail by this Court vide order dated

17.11.2025. He also contends that the petitioner’s earlier application for regular bail was dismissed on 06.11.2024 and more than 01 year has elapsed since then. It is argued that the trial is still midway and only 08 out of 17 witnesses have been examined so far, and that the conclusion of the trial is, therefore, likely to take a long time.

4. Counsel for the respondent-State as well as the complainant contend that the petitioner is the main accused in the present case and he is specifically attributed with having caused the injury on the scalp region of the victim, thus attracting the offence punishable under Section 307 IPC. It is contended that the nature and gravity of the injury and the weapon used in the commission thereof clearly reflect the intention of the petitioner to commit murder. However, owing to sheer luck that the victim survived the attack. It is thus contended that the present bail petition be dismissed. They however do not dispute that the petitioner has already undergone an actual custody of more than 02 years and 03 months in the present case and that only 08 out of 17 witnesses have been examined so far. SUMIT SINGH GUSAIN 2026.01.13 10:19 I attest to the accuracy and integrity of this document 221 CRM-M-73176-2025(O&M) 4

5. I have heard learned counsel appearing on behalf of the respective parties and have gone through the documents appended along with the present petition.

6. Taking into consideration the aforesaid facts, the period of custody already undergone by the petitioner, the age of the petitioner, who is stated to be 21 years old as well as the present stage of the trial, I deem it appropriate, at this juncture, to allow the present petition.

7. The instant petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing requisite bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate, concerned.

8. It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or indirectly.

9. The observation made hereinabove shall not be construed as an expression on the merits of the case and the Trial Court shall decide the case on the basis of available material.

10. Pending application(s), if any, shall stand disposed of.

12.01.2026 Sumit Gusain (VINOD S. BHARDWAJ) JUDGE Whether speaking/reasoned Whether reportable : : Yes/No Yes/No SUMIT SINGH GUSAIN 2026.01.13 10:19 I attest to the accuracy and integrity of this document