Mandeep Singh v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of Decision:- 19.02.2025 
 

....Petitioner(s)

Versus

STATE OF PUNJAB

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Ms. Bisman Mann, Advocate for the petitioner. Mr. Ankit Grewal, DAG Punjab.

***** SANJIV BERRY, J. (ORAL) The instant petition has been preferred by the petitioner under Section 439 CrPC for grant of regular bail to the petitioner in the following case :- FIR No.

Dated Sections Police Station 14.11.2021 302, 323, 506 and 34 IPC Sadar Jagraon, District Ludhiana Rural no. 2), Mo 2.

It is, inter alia, contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case. She submits that the petitioner is in custody since 22.11.2021. She further submits that the petitioner is a young man of 32 years of age and had no intention of committing the offence, and it all happened in the heat of

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moment and being under intoxication. She thus prays for grant of concession of bail to the petitioner.

3.

Per contra, learned State counsel while referring to the reply filed by the State has strongly opposed the grant of bail to the petitioner by arguing that petitioner happens to be the prime accused, who had caused murder of deceased Randeep Singh by giving him knife blows, besides causing injury to the complainant and other persons present there. As such prays for dismissal of the petition.

4.

Heard learned counsel for the parties and perused the record. 5.

After considering the rival contentions and perusing the record, it transpires that the instant case was registered on the statement of the complainant-Ravinderjit Singh alleging that on 13.11.2021, he along with his brother Randeep Singh had gone to attend a birthday party of their friend Harpreet Singh s/o Chamkaur Singh, where the petitioner along with Harpreet Singh s/o Darshan Singh, Lakhvir Singh, Hussanpreet Singh were already present in his house. After cutting the cake, all of them went outside to have some food, where they also took liquor. The petitioner was asked to give his old mobile phone to Harpreet Singh s/o Chamkaur Singh, as a birthday gift, however, in a spur of moment, a fight took place and the petitioner took out a knife from his pocket and raised lalkara, on which the brother of complainant, Randeep Singh came forward and tried to take away the knife, but Harpreet Singh s/o Darshan Singh grabbed his brother from behind, and in the meanwhile, petitioner gave knife blow on the right arm pit of Randeep Singh, as a result of which, he fell down. Thereafter the

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petitioner gave another knife blow to the complainant on his back, followed by another knife blow in the abdomen of Lakhvir Singh and thereafter both the petitioner and co-accused Harpreet Singh ran away from the spot. The injured was shifted to the hospital, where Randeep Singh succumbed to the injuries and accordingly the FIR was registered and the petitioner was arrested and after the completion of investigation, challan has been presented in the Court.

6.

A perusal of the record would reveal that there are specific allegations against the petitioner of having caused knife blow on the person of Randeep Singh leading to his death. There are also allegations against the petitioner of having given knife blow on the back of the complainant and also in the stomach of Lakhvir Singh. Therefore, considering the specific allegations against the petitioner of having murdered Randeep Singh with a knife and also causing injuries to the complainant and Lakhvir Singh, with a knife, no case is made out in favour of the petitioner. 7.

In these circumstances, considering the serious nature and gravity of offence involved, the petitioner is not entitled to the concession of bail at this stage. Accordingly, the present petition is dismissed. 8.

Any observation made above shall not be construed as opinion of this Court on the merits of the case.

(SANJIV BERRY) JUDGE 19.02.2025 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No