Jarmanjit Singh Alias Jimy v. State Of Punjab
#1#
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of decision: 14.05.2025 Jarmanjit Singh @ Jimy ......Petitioner
Versus
State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present:
Mr. C.S. Bakhshi, Advocate for the petitioner. Mr. Amit Rana, Senior Deputy Advocate General, Punjab. Mr. APS Sandhu, Advocate for the complainant. MANJARI NEHRU KAUL , J (ORAL) 1.
The instant petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case FIR No.0063 dated 16.11.2023 under Sections 307,342,382,323,325,201,506,148,149 of the Indian Penal Code, 1860 and Section 25/54/59 of Arms Act registered at Police Station Airport, Commissionerate Amritsar.
2.
Learned counsel for the petitioner submits that the petitioner has been languishing in custody since 17.12.2024. He submits that a plain reading of the allegations levelled in the FIR annexed as Annexure P-1 reveals that although the petitioner has been named therein, however, no injury has been attributed to him; the only role, if any, attributed to the petitioner is of raising a lalkara and thereafter snatching the gold chain of the complainant at gun-point. Learned counsel has submitted that it is discernible from the reading of the FIR in question that there was a history of strained relations between the complainant and co-accused Ekam Randhawa, and it was in the above backdrop that the complainant had come up with an embroidered version against the petitioner, since he is the paternal uncle of
#2# the co-accused Ekam Randhawa. It has also been brought to the notice of this Court that all identically placed co-accused including Ekam Randhawa with whom the complainant had a history of strained relations have already been extended the concession of bail by either this Court as well as by the learned trial Court. 3.
Per contra, learned State counsel, on instructions, while opposing the prayer and submissions made by the counsel opposite, has reiterated the allegations levelled in the FIR in question, which stands reproduced hereinunder: - "Statement of Vikram Khullar S/o Awan Kumar Khullar R/o Village Cheema Kalan Police Station Sarai District Taran Tarn now 116 Green Field Avenue Majitha Road, Amritsar. Stated that I am resident of above said address. I have studied upto 10+2 standard. I am pursuing study of B.Com 1st Year from Baba Budha Sahib (Bir Sahib). Ekam Randhawa is the son of owner of Ekam Dhaba, Near Airport, Ajnala Road, Amritsar. He was junior to me in Spring Dale School. Three days back, Ekam Randhawa made phone to me from his mobile no. 7719777711 at my mobile no. 8759400006. He has given abuses to me and said that he will see me.
I said to Ekam that I do not have any dealing with you. If you want to hold any talk, then to do it with my family members. But he continuously given abuses to me. He has caused harassment to me and has given threats while on phone call. However, I stopped attending the phone calls of his mobile по.7719777711. But he continuously made phone call to me. Today on dated 15.11.2023, I was present at my house. I have received call at my mobile no. 8759400006 from mobile no. 9878397797 of some unknown person. When, I have attended the phone call, the person speaking from other side was Ekam Randhawa. He said that you have no need to worry. You may come at Ekam Dhaba and he has to hold some ürgent talk with me. Then he handed over the phone to other person.
He said that his father of Ekam Randhawa and said to me to visit him because they have to hold some urgent talk. Because of the good attitude shown by both father son duo, I have believed them. Then I alongwith my friend Rachit Sharma son of Sudhir Sharma resident of 530/630, Namak Mandi, Amritsar reached at Ekam Dhaba on my white color Honda City Car No.
#3# PB02ED0600. It will be around 11:30 AM, Ekam Randhawa armed with baseball, Jarmanjit Singh @ Jimmy armed with pistol, Vikramjit Singh armed with hockey alongwith 10/12 other unidentified persons, whom I can identify while they will present before me. They were also armed with baseball, daangs and hockey. They at once came and at the instigation of Ekam Randhawa, Jarmanjit Singh @ Jimmy raised Lalkara that; to nab Vikram Khullar and teach him lesson to have tussle with our son Ekam. Then all the persons came toward us. I made request to them that I came here at the asking of his father to hold talk. But nobody heard us. Vikramjit Singh came and pushed me and threw me down. Then he given blow of his hockey at my legs while I was fallen. The same was hit at the calf muscles of my both legs.
Then in my presence Ekam blow of his baseball at my friend Rachit Sharma. However, he raised his left arm to same him. But the blow was hit at the elbow of his left arm. Then all of them started giving beatings to me with their weapons. Out of them, Jarmanjit Singh @Jimmy, who seems to be a person of matured age, I said to him that uncle please don't do it. If you want to hold talk, then to hold the same with us. Then Jarmanjit Singh came near me and put his pistol at my ear and caught my friend Rachit with the help of other persons and have taken both of us in a room of Ekam Dhaba at gun point. There Jarmanjit Singh snatched the gold chain worn around my neck and Ekam took out purse from my pocket and Vikramjit Singh asked his accomplices to give beatings to us. Then everyone started giving beatings to us.
While receiving beatings, I fell down unconscious. Thereafter, I alongwith my friend Rachit Sharma who is under treatment in Ranjit Hospital. Ekam Randhawa, Vikramjit Singh @ Vikram and Jarmanjit Singh @ Jimmy and 10/12 unidentified persons armed with different weapons deceitfully called me and my friend Rachit to Ekam Dhaba and have given beatings to us with intention to kill us, inflicted injuries to us and snatched my gold chain, gold ring worn in my hand as well as my purse at gun point. Action may kindly be taken. Statement has been recorded, heard and is correct. Sd/- above said Vikram Khullar (in english).
#4# Learned State counsel on instructions has not disputed that the petitioner has been in custody since 17.12.2024 nor has he disputed that the petitioner has not been attributed any injury in the occurrence in question. Learned State counsel, on further instructions, has submitted that as many as 26 prosecution witnesses have been cited, who are yet to be examined; next date fixed before the trial Court is 04.07.2025.
4.
I have heard learned counsel for the parties and perused the relevant material placed on record.
5.
The petitioner has been in custody since 17.12.2024. The possibility of the trial concluding in the near future looks bleak as the prosecution evidence is likely to commence in the month of July, 2025. In the wake of the role attributed to the petitioner, this Court deems it fit to extend the concession of regular bail to him.
6.
Accordingly, the instant petition is allowed, and the petitioner be admitted to bail on his furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.
7.
However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. 8.
Needless to add here, in case the petitioner is found misusing the concession of bail, the State would be at liberty to approach this Court to seek cancellation of bail granted to him.
May 14, 2025 (MANJARI NEHRU KAUL) manoj JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No