Harwinder Singh Alias Harvinder Singh Alias Dhoni v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Reserved on: 23.07.2025

Pronounced on: 31.07.2025 Harwinder Singh alias Harvinder Singh alias Dhoni

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Tajinder Pal Singh Makkar, Advocate for the petitioner.

Mr. J.S. Thind, DAG, Punjab.

Mr. Vipul Babuta, Advocate for the victims.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 22.02.2023 Sadar Sri Muktsar 307, 326, 324, 323, 148, 149 Sahib, District Sri IPC and 25/27/54/59 of Arms Muktsar Sahib Act 1.

The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

2.

In paragraph 14 of the bail petition, the accused declares that he has no criminal antecedents.

3.

The facts and allegations are being taken from the translated copy of FIR (Annexure ), which reads as follows:

"Statement of Jabbar Singh son of Dhani Ram son of Nathu Ram resident of infront Public Gate District Courts near Raj Batra Stamp Vendor village Chak Beer Sarkar Sri Muktsar Sahib aged about 27 years mobile number 9878039146 stated that I am resident of abovesaid address and used to stall a rehri of bhature at Bathinda chowk Sri Muktsar Sahib. On 21.02.2023, I parked my rehri at my house in the evening at time about 6:00 and my wife Prati said that you did not bring any article for the house so I was going to buy household articles from Buta grocery shop. Then time would be around 6:30 in the evening, I saw some young boys were standing in front of doctor Gill's house. Out of them I knew Happy and Mani who are residents of Goneana Road Sri Muktsar Sahib. Mani

had kirpan in his hand and Happy had khanda in his hand and with them there were other 20-25 boys. All boys had iron rods and wooden sticks etc with them and my friends Toni and Raman were also standing there. Raman is a resident of village Jamuana and Toni is a resident of village Chak who also had wooden sticks with them. I stood in front of doctor Gill's house and called my friend Raman, then Raman and Toni started coming towards me and then fight started between party of Mani and Happy and Toni and Raman.

I tried to intervene between both the parties then Mani resident of Goneana road gave kirpan blow upon me which hit upon index finger of my left hand and my finger was cut and then Mani again inflicted kirpan blow with force upon me and then to save myself I raised my right hand then kirpan hit upon my little finger and adjoining finger of little finger of right hand then I fell down then Happy gave khanda blow upon my forehead. I received injuries on my forehead and others also gave beatings to me while I was lying down and in the mean time someone fired from the revolver which hit Harpreet alias Happy Brar resident of Sanghudhaun and fired four five times more. After hearing the sound of firing all ran away from the spot alongwith their respective weapons. Then somebody got me admitted in Civil Hospital for treatment.

Later on, I came to know that Harpreet alias Happy Brar was admitted in Civil Hospital Sri Muktsar Sahib we both were referred to Guru Gobind Singh Medical College Faridkot but when my family members came to know about my injuries then my family members got me admitted in Usha Bansal Hospital Sri Muktsar Sahib where my treatment is going on. Reason of grudge is that Mani, Happy and Toni, Raman had old enmity between them due to which both the parties fought and gave beatings to me. Mani and Happy and their men gave injuries to me without any cause. Justice should be delivered to me. I have got my statement written which is heard and correct. Sd/- Jabbar Singh above in the presence of Sd/- Jabbar son of Dhani Ram (brother) verified Sd/- Jang Singh Assistant Sub Inspector Police station Sadar dated 22.02.2023.

Attested Sd/- Jang Singh Assistant Sub Inspector Police Station Sadar dated 22.02.2023. Police Action: I Assistant Sub Inspector alongwith Assistant Sub Inspector Balwant Singh 315/S.M.S. HC Tirath Singh 45/S.M.S. HC Harpinderjeet Singh 661/S.M.S. were present at Police Station then Sub Inspector Sukhwinder Singh 55/S.M.S ruqa number 250 dated 21.02.2023 of Harpreet Singh son of Binder Singh and Jabbar Singh son of Dhani Ram resident of Railway Colony near D.C. office Sri Muktsar Sahib and ruqa number 550 dated 21.02.2023 of Jabbar Singh was received from Usha Bansal Hospital Kotkapura Road Sri Muktsar Sahib and ruqa number 250 dated 21.02.2023 from Civil Hospital Sri Muktsar Sahib and handed over to me vide rapat number 68 dated 21.02.2023.

As per rapat number 68 injured Harpeet Singh and Jabbar Singh has been referred from Civil Hospital Sri Muktsar Sahib to G.G.S.M.C./Fdk. As per the doctor of Usha Bansal hospital Sri Muktsar Sahib doctor has opined Jabbar Singh to be unfit to record his statement. Sub Inspector Sukhwinder Singh 55/SMS given written application for issuance of MLR of injured Jabbar Singh to Medical Officer Usha Bansal Nursing Home. I Assistant Sub Inspector alongwith other officials for recording statement of injured Jabbar Singh son of Dhani Ram resident of opposite District Courts Sri Muktsar Sahib reached at Usha Bansal Hospital and given written application for recording the statement of injured.

record the statement and for issuance of MLR doctor has said that the MLR would be issued on arrival of another doctor. I Assistant Sub Inspector went to the bed of injured Jabbar Singh and got his statement recorded which was recorded before me in the presence of his brother Gabar Singh. The statement was reduced into writing and was read over to him and injured Jabbar Singh upon hearing his statement and find it to be correct put his signatures in Punjabi under the statement and his brother Gabar Singh is also put his signature in Punjabi. Statement is attested by me. From the statement offence under Sections 307, 326, 323, 148, 149 IPC and Sections 25, 27, 54, 59 of Arms Act are made out. On receipt of MLR of Jabbar Singh from the doctor further necessary action would be initiated accordingly.

At present FIR be registered under Sections 307, 326, 323, 324, 148, 149 IPC and Sections 25, 27, 54, 59 of Arms Act against Mani, Happy residents of Goneana Road Sri Muktsar Sahib and their 20-25 companions. The statement is being send through HC Harpinderjeet Singh 661/SMS to police station for registration of the case. After the registration of the case, case number be intimated. PCR/SMS be informed through W/M. Special reports be issued. Abovesaid Jabbar Singh is in injured condition and is under treatment in the hospital. The witnesses of the occurrence or persons who have witness the occurrence be coordinated and further action be initiated. Sd/- Jang Singh Assistant Sub Inspector police station Sadar Sri Muktsar Sahib dated 22.02.

2023 in the area of today at Bansal Nursing Hospital Kotkapura road Sri Muktsar Sahib at 01:30 AM Today at police station on receipt of abovesaid statement abovesaid case under the abovesaid offences against the abovesaid accused is being registered. Original statement alongwith copy of FIR is being send through same HC near Assistant Sub Inspector at the spot. Special reports after issuance is being sent through CT Amarvir Singh 01/SMS to Ilaqa Magistrate and higher officials. I/C PCR is being informed through W/M. Recorded FIR rapat number 4." 4.

The petitioner's Counsel submits that the matter stands compromised with all the victims.

5.

The victims' Counsel also admits the factum of compromise and states that they have no objection to the petitioner's bail.

6.

The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. Counsel further submits that the petitioner would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State may file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and may do so at their discretion, to which the petitioner shall have no objection. 7.

The State's counsel opposes bail.

REASONING:

8.

Per the custody certificate dated 22.07.2025, the petitioner's total custody in this FIR is 06 months & 18 days.

9.

Because of no objection to the bail by the victim(s), this Court is inclined to grant bail with clarification that this bail on compromise shall not amount to the acceptance of compromise by the prosecution or the Court.

10.

Given the compromise, the penal provisions invoked vis-à-vis pre-trial custody, coupled with the primafacie analysis of the nature of allegations, and the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage.

11.

Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. 12.

Given the above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above, subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused.

13.

While furnishing a personal bond, the petitioner shall mention the following personal identification details:

1.

AADHAR number 2.

Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk.

3.

Mobile number (If available) 4.

E-Mail id (If available) 14.

This order is subject to the petitioner's complying with the following terms. 15.

The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case, or dissuade them from disclosing such facts to the Police or the Court.

16.

The significant consideration for granting bail is that the Court aims to give the petitioner another chance to course-correct, reform, and reintegrate into the community as an ideal citizen. To ensure that the petitioner also abides by the assurance made on the petitioner's behalf by not repeating the offence or indulging in any crime, it shall be

desirable to impose the following additional condition. 17.

This bail is conditional, with the foundational condition being that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State shall file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and as per their discretion, they may cancel this bail. 18.

Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 19.

A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 20.

Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 31.07.2025 anju rani Whether speaking/reasoned: Yes Whether reportable:

No.