Manjot Singh Alias Jot v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision:27.05.2025 Manjot Singh @ Jot ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MRS. JUSTICE MANISHA BATRA

Present:

Mr. M.S. Basra, Advocate for the petitioner.

Mr. Vivek Sharma, AAG, Punjab.

...

Manisha Batra, J. (Oral).

1.

The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner seeking grant of regular bail in case bearing FIR No.136 dated 23.10.2024 registered under Sections 109, 111, 111(5), 112, 308(4) of BNS and Sections 25/27 of the Arms Act, at Police Station Dera Baba Nanak, Police District Batala, District Gurdaspur.

2.

As per the allegations, on 23.10.2024, when the complainant was present in his medical store along with his Assistant Akash, one youth came there and gave him signal to come towards him. When the complainant reached near the door of the shop, the said person took out a pistol and immediately fired a shot towards him thereby injuring his left thigh. The complainant raised alarm, on hearing which, his brother rushed for his

-2rescue and then the said youth along with some other persons, who were present outside, fled away. After registration of the FIR, investigation proceedings were initiated. A secret information was received that accused Jobanpreet Singh had made an attempt to murder the victim by hatching conspiracy. The petitioner had helped co-accused Jobanpreet Singh. It was found that the person who had fired shot at the complainant was Jobanpreet Singh and he had acted on the instructions of accused Jeewan Fauji. The present petitioner along with co-accused Anmoldeep Singh had conducted recce of the complainant and had shared the details with Jobanpreet Singh. The petitioner was arrested on 29.10.2024. The investigation now stands completed.

3.

It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody since 29.10.2024. No specific overt act has been attributed to him. Co-accused, Baljit Singh, Balbir Singh @ Balvir Singh, Harjinder Kaur @ Jinder, Rajbir Singh, Manjit Kaur, Paramjit Kaur, Kawaljit Singh @ Kanwaljit Singh, Navtej Singh and Rajdeep Singh @ Raja have been extended benefit of bail. On parity, the petitioner too, deserves to be released on bail. The trial would take considerable time to conclude. His further incarceration would not serve any useful purpose. Accordingly, it is urged that the petition deserves to be allowed.

4.

Per contra, learned State counsel has argued that there are serious allegations against the petitioner as he was a member of an organized gang constituted for the purpose of killing the complainant. He had done recce for co-accused Jobanpreet Singh, who was the main shooter and was

-3the active participant in the crime. There are chances of his absconding or intimidating the witnesses, if extended benefit of bail. With these broad submissions, it has stressed that the petition does not deserve to be allowed. 5.

I have heard rival submissions made by learned counsel for the parties and have gone through the record carefully. 6.

The petitioner is alleged to have hatched a conspiracy with the co-accused and in pursuance thereof, is further alleged to have conducted recce to help main shooter Jobanpreet Singh. He is alleged to be a part of an organized crime syndicate. He is in custody since 29.10.2024. Trial has commenced but will take sufficient time to conclude. Co-accused have extended benefit of bail. Keeping in view the above discussed facts and circumstances but without meaning to make any comment on the merits of the case, lest they prejudice the case of either of the parties, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate/CJM concerned.

7`.

Since the main petition has been allowed, pending application, if any, is rendered infructuous.

(MANISHA BATRA) 27.05.2025 JUDGE harjeet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No