Satnam Singh v. State Of Punjab

IN T THE HIGH COURT OF PUNJA AB & HARYANA AT CHANDIGARH CRM-M-4 4779-2025(O&M) Date of de ecision: 12.03.2026 Satnam Singh

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM : HO ON'BLE MR. JUSTICE VINOD D S. BHARDWAJ Present :- Mr.

Rishu Mahajan, Advocate for th he petitioner.

Mr.

. Mohit Kapoor, Sr.DAG, Punjab b.

*** *** VINOD S. BHA ARDWAJ, J. (Oral) The e instant first petition has been fi filed under Section 483 of the Bharatiya Nagar rik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in ca ase bearing FIR No.18 dated 02.02.2024 registered under added later on) of the Indian Sections 307, 33 36, 506, 148, 149 (Section 302 a Penal Code, 18 860 and Sections 25 & 27 of th he Arms Act, 1959 at Police Station Bhindi S aidan, District Amritsar.

2.

The e FIR in the present case has been registered on the statement of Balwinder Singh h, son of Darshan Singh, the same reads thus:

"Sta ated that I am permanent residen nt of above noted address and in a addition to the agricultural wor rk and perform the duties as Gra anthi Singh in Gurudwara Sahib o of Village Chann. My resident is o utskirts of Village Awaan Wasao in fields. I have four children.

The e eldest daughter is Jaspreet Ka aur aged about 22 years and you nger is Gurpreet Singh aged abo out 21 years, youngest to him is G Gurmukh Singh aged about 19 ye ears and youngest is Jaskaran Kau ur aged about 16 years. My all th he children are unmarried and also o lived in same house. About 15 5/16 years ago, our two acre land d which is owned by Punjab G Government and we used to cult tivate the same. That Satnam Sing gh son of Daya singh, resident of V Village Awan Wasao took the said d land on lease orally from my

mother Pritam Kaur and Satnam singh started cultivating the same. About 8/9 years ago my mother was expired. After the death of my mother, I told Satnam singh that I will return the amount which you gave to my mother Pritam Kaur for taking the land on lease and you should vacate the land, but they did not listen anything and said that regarding what land you are talking about as we have transferred the said land in our name. Lateron I came to know that Satnam singh had transferred the said two acre land situated in Khasra no.31/9 and 31/12 in his name by preparing fake documents. Whenever Satnam Singh party came to this land and threatened us that if you put foot in this land, we will kill you. Today I alongwith my wife Shinder Kaur and elder son namely Gurpreet Singh went to my relation in Village Bhindi Saidan.

The time will be 5:00 PM, my son Gurmukh Singh called me and said that Satnam Singh son of Daya Singh resident of Village Awan Wasao and other men are abusing us lot outside our house. On which I alongwith my wife and son came back to our house at about 6.00 PM. When I came home, then saw that Jaskaran Singh son of Daya Singh armed with revolver, Satnam Singh son of Daya Singh armed with 12 bore rifle, Jagroop Singh son of Satnam Singh armed with datar, Ranjit Singh @ Rana son of Jaskaran Singh armed with Gandasa residents of Village Awan Wasao, Harpreet Singh son of Baldev Singh resident of Village Jasrau armed with baseball, who were standing in Tara Singh's land, near our house and abusing us. The land of Tara Singh is adjoining to our house and is much lower than our house.

I went towards them through courtyard of my house and said that why you are abusing us and then they started arguing with me and said that if you put foot in two acre land then they will kill entire family. At that time my son Gurmukh singh also came to me. Then Ranjit singh @ Rana raised lalkara and said that caught them and don't escape today and let them taste for demanding land. Then Satnam Singh twice fired in air from his revolver. Then Jaskaran Singh fired from his revolver towards my son Gurmukh Singh, which hit on his forehead.

covered with blood. We raised noise "Marditta-Marditta" then above said assailants fled away from the spot alongwith their respective weapons. After arranging the vehicle, I took my son' Gurmukh Singh to Government Hospital, Ajnala for treatment, where doctor gave him first aid and referred my son Gurmukh Singh to Shri Guru Nanak Dev Hospital, Amritsar, but on seeing the serious condition of my son, I got him admitted in C-Zone Hospital, Ajnala, where my son is under treatment. That above persons have committed excess with us. The entire incident has been witnessed by me, my son Gurpreet Singh and my wife Shinder Kaur."

3.

Learned counsel appearing on behalf of the petitioner contends that the incident in question pertains to the death of Gurmukh Singh, a boy aged nearly 17-18 years, as a result of the gunfire shot attributed to Jaskaran Singh i.e. the main accused. He further contends that the petitioner has been nominated as an accused solely because he is brother of Jaskaran Singh. He further contends that the specific attribution against the petitioner is only to the extent that he had a licenced weapon and that he had fired a shot in the air. The said shot never hit anybody and was not even intended to injure any person and only to scare and protect their property. He further contends that the petitioner is in custody since 03.02.2024. The investigation in the case is complete and the chargesheet has been filed. The charge has also been framed on 02.09.2024 and out of 24 witnesses only 02 have been examined so far. He further contends that the petitioner has no other criminal antecedents. 4.

Learned State Counsel does not dispute the facts as aforesaid and does not controvert that the petitioner is not attributed any injury to any person. He further does not dispute that the allegation levelled against the petitioner is

that he fired a gunfire shot in air from his licenced weapon and the same was neither aimed at any assailant nor fired towards them. 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 period of custody already undergone by the petitioner, his clean antecedents, the nature of allegations levelled against him as well as the stage of trial, I deem it appropriate 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. 12.03.2026 (VINOD S. BHARDWAJ) Sumit Gusain JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No