Jaskaran Singh Jassu Alias Jaskaran Singh Grewal v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision:19.05.2025 Jaskaran Singh @ Jassu @ Jaskaran Singh Grewal ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MRS. JUSTICE MANISHA BATRA

Present:

Mr. SPS Aulakh, Advocate for the petitioner.

Ms. Himani Arora, AAG, Punjab.

Mr. Ravinder Singh Rana, Advocate for the complainant. ...

Manisha Batra, J. (Oral).

1.

The instant petition has been filed under Section Section 482 BNSS seeking grant of pre-arrest bail to the petitioner in case arising out of FIR No.08, dated 16.01.2025, under Sections 115(2), 118, 351(2), 191(3), 190 of BNS (Sections 117(2), 118(2) of BNS added later on), registered at Police Station Koom Kalan, District Police Commissionerate, Ludhiana. 2.

Brief facts relevant for purpose of disposal of this petition are that on 13.01.2025, an altercation had taken place between the petitioner and one Manjit Singh S/o Ajmer Singh. Both of them were present for a mutual settlement in the village ground. The complainant also went there to mediate and tried to prevail good sense upon them. However, the petitioner felt offended and at once assaulted the complainant by striking a blow with the sword that he was carrying in his hand. Co-accused - Karanveer Singh also

-2struck an injury on the head of the complainant with a sword. They also assaulted him again thereby causing injuries. He was further assaulted by Jagga, Sukhjinder Singh and 3-4 unknown youths. He was badly injured and was taken to hospital. On his statement, the aforementioned FIR was registered. Investigation proceedings have been initiated and are underway. Apprehending his arrest, the petitioner moved an application for grant of anticipatory bail which was dismissed by the Court of learned Additional Sessions Judge, Ludhiana vide order dated 29.01.2025. 3.

It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. The injury which is opined to be grievous and is allegedly sustained by the complainant, has not been attributed to him. He is ready to join the investigation. His custodial interrogation is not required. No recovery is to be effected from him. Accordingly, it is urged that he deserves to be given benefit of pre-arrest bail.

4.

Status report has been filed. It is argued by learned Assistant Advocate General, Punjab that there are serious and specific allegations against the petitioner and it is, therefore, stressed that he does not deserve to be given benefit of anticipatory bail.

5.

This Court has heard the rival submissions carefully. 6.

The petitioner along with the co-accused is alleged to have assaulted the complainant on 13.01.2025. The offence under Section 118(2) of BNS was added initially but the same has been deleted now. The subject offences are triable by Magistrate. Given the nature of allegations, this Court is of the opinion that pre-trial incarceration of the petitioner is not required

-3and a case is made out for grant of pre-arrest bail to the petitioner. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail subject to the condition that the petitioner shall surrender before the Investigating Officer/Arresting Officer within a period of 10 days from today and shall join the investigation. He shall also join investigation as and when required subsequently. In the event of his arrest, the Investigating/Arresting Officer shall release the petitioner on interim bail on furnishing personal/surety bonds to his/her satisfaction. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNS. 7.

It is, however, clarified that nothing stated above shall have any bearing on merits of the case.

8.

Pending application(s), if any, shall also stands disposed of. (MANISHA BATRA) 19.05.2025 JUDGE harjeet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No