Jujhar Singh v. State Of Punjab

CRM-M No.10787 of 2026 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.10787 of 2026 Date of decision : 12.3.2026 Date of uploading : 12.3.2026 Jujhar Singh .............Petitioner

Versus

State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Karan Pathak, Advocate, for the petitioner Mr. Hemant Aggarwal, DAG, Punjab --- SUMEET GOEL, J. (ORAL) 1.

Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the petitioner in case FIR No.170 dated 9.12.2019 under Sections 307, 324, 323, 506, 148 and 149 of the IPC (Section 326 of IPC added later on), registered at Police Station Mahilpur, District Hoshiarpur. 2.

The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- 'Statement of Manjit Singh son of Jaswinder Singh resident of village Mahmoodwal Kalan, Police Station Mahilpur, District Hoshiarpur, aged about 23 years, M.99158-77327. Stated that I am resident of abovementioned address and I am an agriculturist. Ten days prior to today, I had irrigated my field from Government tubewell. The Molgha of tubewell is in the field of Kashmir Singh son of Joga Singh. On account of leakage of water from this Mogha, the same used to fall in our field and

CRM-M No.10787 of 2026 -2we stopped water from being fallen in our field, which started falling on the passage. There were exchanged of arguments regarding this between us and his family members, and this matter was taken to the panchayat. Sarpanch Amarjit Singh and PanchSatnam Singh of our village inspected the spot on 8.12.2019 at 1:30 P.M., asked us to assemble at Panchayat place (Thara). I and my brother Baljinder Singh, my father Jaswinder Singh, uncle's son Sandeep Singh son of Kashmir Singh, uncle Kashmir Singh, x Balbir Singh reached in the panchayat at the time given by the Sarpanch, where Sarpanch Amarjiit Singh, PanchSatnam Singh, Panch Anil Kumar, Ex-Sarpanch Kashmir Singh and other respectable persons of the village were present.

After some time, Tawinder Singh allas Bhinda son of Daljit Singh, armed with Datt, Ravinder Singh alias Maana son of Daljit Singh armed with Kirpan, Tajinder Singh son of Baljinder Singh armed with Iron rod, Jhujhar Singh son of Daljit Singh, armed with Datt, Rajwinder Singh son of Kashmir Singh armed with Bajja, Jaswinder Singh son of Joga Singh armed with Bajja, Baljinder Singh son of Joga Singh, empty handed, Kashmir Singh son of Joga Singh, armed with Bajja, Amandeep Kumar on of Parbodh Kumar, empty handed, residents of village Mahmoodwal Kalan, Police Station Mahllpur, district Hoshiarpur and 2/3 three unidentified person, went to Panchayat place (Thara), and Immediately on coming Ravinder Singh allas Maana raised Lalkara saying that today they be killed, they ralse/ nurse Issue regarding water Mogha Out of aforesaid persons, Tawinder Singh allas Bhinda, with intention to kill me, dealt a Datt blow on me, which hit reverse side on back of my head.

Then Ravinder Singh allas Maana dealt a Kirpan blow on my head with Intention to kill me, and in order to save me I raised my left hand and Kirpan hit on my finger adjoining little finger and Index finger. Then Tajinder Singh dealt rod blow from behind, which hit on right side of my back. Sandeep Singh, my uncle's son stepped forward in order to get us released, upon which Jhujjar Singh son of Daljit Singh deait Datt blow on back of his head and Rajwinder Singh son of Kashmir Singh dealt Bajja blow on left side of his head and Jaswinder Singh son of Joga Singh dealt Bajja blow on his right shoulder, and other persons accompanying us manhandled us.

This entire occurrence has happened in the presence of Pancyhayat and respectable persons, who stepped forward to save panchayat and our remaining family members, upon which the assallants ran away along with their weapons while administering threats to kill.

CRM-M No.10787 of 2026 -3brother Baljinder Singh and other persons got myself and Sandeep Singh admitted In Civil Hospital, Mahilpur for treatment, where I am under treatment. I have got recorded my statement to you in the presence of my brother Baljinder Singh. It has been read, heard and is correct. Legal action be taken against the aforesald persons and justice be dispensed to me. Sd/- Manjit Singh, Baljinder Singh attested sd/- Kuldeep Singh SI PS Mahilpur dated 09.12.2019.'

3.

Learned counsel for the petitioner has argued that the petitioner is in custody since 16.2.2026. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that the prime prosecution witness namely PW-1 Manjit Singh has turned hostile. Learned counsel has further submitted that a compromise has been arrived at between the rival parties (copy whereof has been appended as Annexure P-13 with the present petition). Thus, regular bail is prayed for. 4.

Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 11.3.2026 in Court, which is taken on record.

5.

I have heard counsel for the parties and have gone through the available records of the case.

6.

The petitioner was arrested on 16.2.2026 wherein after investigation was carried out and challan was subsequently filed. Total 18 prosecution witnesses have been cited but only 01 has been examined till date. It is thus indubitable that culmination of trial will take its own time.

CRM-M No.10787 of 2026 -4The rival contentions, including the veracity/weightage required to be attached to the testimony of hostile witness; shall be gone into during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence.

6.1 As per custody certificate dated 11.3.2026 filed by the learned State counsel, the petitioner has already suffered incarceration for a period of 23 days & is not shown to be involved in any other case. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7.

In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court.

(vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.

CRM-M No.10787 of 2026 -5- (vii) The petitioner shall not in any manner try to delay the trial. 8.

In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner.

9.

Ordered accordingly.

10.

Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.

(SUMEET GOEL) JUDGE 12.3.2026 Ashwanii Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No