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High Court of Punjab and HaryanaCRM-M/27323/2025dismissed

Vishal v. State Of Punjab

2026-03-16Mr. Justice Sanjay Vashisth6 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 1) CRM-M-27323-2025 Decided on : 16.03.2026 Vishal . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) 2) CRM-M-48415-2025 Dimple and others . . . Petitioner(s)

Versus

State of Punjab and another . . . Respondent(s) 3) CRM-M-54984-2025 Suresh @ Suresh Kumar . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Ms. Riffi Birla, Advocate for the petitioner(s) (in CRM-M-27323-2025 (O&M). Mr. K.S. Brar, Advocate, for the petitioner(s) (in CRM-M-54984-2025 & CRM-M-48415-2025).

Mr. Jasdeep Singh, Addl. AG, Punjab.

Mr. Ritesh Grover, Advocate (through V.C.) for the complainant (in both Regular Bail cases). Ms. Payal, Advocate for respondent No.2 (in CRM-M-48415-2025).

**** SANJAY VASHISTH, J. (Oral) 1.

This order shall dispose of two regular bail petitions, i.e., CRMM-27323-2025 & CRM-M-54984-2025, and one compromise quashing

- 2 - petition, i.e., CRM-M-48415-2025, respectively, as all the petitions are interconnected and have arisen out of same FIR. However, the lead case is CRM-M-27323-2025.

2.

CRM-M-27323-2025 & CRM-M-54984-2025, have been filed by the petitioners - Vishal and Suresh @ Suresh Kumar, under Section 483 of the BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bails in case FIR No.115, dated 05.11.2024, under Sections 118(1), 115(2), 191(3), 190 of BNS, 2023 (later on added Sections 109(1) & 118(2) of BNS, 2023), registered at Police Station City-2 Abohar, District Fazilka. 3.

In the aforesaid anticipatory bail petition, on 10.11.2025, this Court, passed the following order:- "

The instant petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in FIR No.115 dated 05.11.2024 registered at Police Station City-2, Abohar, District Fazilka under Section 118 (1), 115 (2), 191 (3), 190 of BNS, 2023 (Section 109 BNS was added later on).

As per the contents of the FIR, complainant Sandeep Kumar (age 32), a freight and transport worker, was sitting in the office of Ved Chandora's marble shop near the BSF camp in Abohar around 2:00 PM on November 5, 2024, when he was attacked by a group of assailants. The attack was led by Suresh Kumar (petitioner in CRM-M-54984-2025) and Dimple, both residents of Azimgarh, and included three unknown persons. The attackers, who were armed with a sharp axe, a hockey stick, and a gandasa, entered the shop, and immediately began assaulting the complainant with the intent to kill. Complainant received multiple injuries, including seven sharp injuries documented in the MLR, primarily on his head and legs. The stated motive for the assault was enmity arising from a heated argument and a case previously registered against the complainant's family by Suresh Kumar and others on July 24, 2024. The complaint was recorded at GGS Medical College, Faridkot, and a case was forwarded for registration against the five individuals.

Learned counsel for the petitioner-Vishal submits that petitioner-Vishal is not named in the FIR; however, petitioner alongwith co-accused Arshdeep Singh, Vikram @ Vicky and Sunil Kumar were nominated as accused in the case vide DDR No. 20 dated 06.11.2024 based

- 3 - upon identification of the assailants made by Raja Ram-Relative of complainant after viewing the CCTV footage captured on the spot of occurrence.

The allegations against petitioner-Suresh Kumar son of Pappu Ram (in CRM-M-54984-2025) are serious and stem from a violent physical assault on a complainant named Sandeep Kumar on November 5, 2024, at the Chandora Stone Marbel shop in Abohar. Complainant alleges that Suresh Kumar, along with Dimple and three unknown persons, entered the shop office where Suresh Kumar personally struck him directly on the head with a sharp axe and continued hitting him repeatedly. The attack, which the victim claims was made "with the intention of killing," resulted in the complainant sustaining seven sharp injuries. The motive for the crime is believed to be prior enmity following a heated argument and a previously registered case involving Suresh Kumar on July 24, 2024. Status report dated 09.11.2025 by way of an affidavit of Sukhwinder Singh Brar, PPS, Deputy Superintendent of Police, Sub Division Abohar, District Fazilka along with custody certificate is being filed by the learned State counsel which is taken on record. Adjourned to 10.12.2025.

To be heard along with CRM-M-48415-2025.

A photocopy of this order be placed on file of other connected case."

4.

Petition CRM-M-48415-2025, has been filed by the petitioners, namely; Dimple and others, under Section 528 of BNSS, 2023, for quashing of FIR No. 115, dated 05.11.2024, under Sections 118(1), 115(2), 191(3), 190 of BNS, 2023 [later on added Sections 109(1), 118(2) of BNS, 2023], registered at Police Station City-2 Abohar, District Fazilka, and all the consequential proceedings arising therefrom, on the basis of the compromise in the shape of affidavit dated 08.08.2025, effected between the parties. 5.

FIR in the present case(s) was got registered by injured/complainant - Sandeep Kumar, which reads as under:- "

Statement of Sandeep Kumar son of Shri Surja Ram R/O near Naga Baba Dera Azimgarh age about 32 Mobile No. 8847633800. Stated that I am a resident of the above address. I have one Tata Ace (Chota Hathi) number PB-03-AF- 7478 and I do freight, transport work

- 4 - and I mostly work at Chandora Stone Marbel, Hanumangarh Road, Abohar which is a marble shop near BSF camp, Abohar. I also transport marble and stone goods there and load the goods and take them for transport. Ved Chandora is the owner of this factory. Today on 5-11-2024 at around 2.00 PM at noon it was lunch time and all the labourers were sitting and eating food, Ved Jandora was not present in his office at that time. While I was sitting in his office Suresh Kumar son of Pappu Ram, resident of Azimgarh, with a sharp axe, Dimple Dimple s son of Lal Chand resident of Azimgarh, with a sharp axe, an unknown boy wearing a yellow T-shirt with a sharp axe, an unknown boy wearing a green T- shirt with a hockey, an unknown boy wearing a black T-shirt with a gandasa came inside the shop.

First, the unknown boy wearing a yellow T- shirt hit me with his axe, for which I raised my hand to defend myself. Then, Suresh Kumar hit me with his axe directly on my head, which hit my head and he continuously hit me several times. Dimple also hit me several times with his axe. The unknown person with hockey attacked me several times The unknown boy wearing black T-Shirt hit me several times with his gandasa. They have attacked me with the intention of killing me. They have inflicted injuries on me with the intention of killing me, and they have inflicted injuries with their sharp-edged weapons on my body, on my head, on my right leg, on my left knee, on my left leg, on my right leg, on the knee of my right leg, on the upper side of my left leg.

The reason for the enmity is that on 24-72024, there was a heated argument with Suresh Kumar and others and a case was registered against me and my family members, number 79/24, Police Station City 2, Abohar, who, keeping in mind the enmity of this fight, Dimple and Suresh Kumar and others, in collusion with their accomplices, attacked me. I have written a statement to you at GGS Medical College Faridkot. I heard it is correct. Signature in Punjabi Sandeep Kumar, Face to Face Signature in Punjabi Rajesh @ Pankaj S/O Shri Dharampal R/O Azimgarh Attested True / Balwinder Singh Police Station City 2 Abohar Date 5-11-2024 5-11-2024." 6.

Addressing submissions, learned counsel for the petitioner(s) argues that two star witness of the prosecution, namely, injured/complainant - Sandeep Kumar, who appeared as PW-1 and Raja Ram, who appeared as PW-2, both while deposing before the trial Court on 23.02.2026, have turned hostile.

It is being argued that as per deposition of both the

- 5 - aforementioned witnesses, it is clearly stated that they could not identify the accused in the present case. Both the witnesses were declared hostile by the Public Prosecutor. Thus, learned counsel submits that there being no other substantive witnesses with the prosecution, both the petitioners in regular bail petitions, i.e., Vishal (in CRM-M-27323-2025) and Suresh @ Suresh Kumar (in CRM-M-54984-2025), be granted concession of regular bail. 7.

On the other hand, learned State counsel has filed two separate custody certificates dated 15.03.2026 qua both the aforementioned petitioners, in Court today, which are taken on record. Office to tag the same at appropriate place.

Copies thereof have been handed over to the opposite counsel. 8.

In the status report filed in CRM-M-27323-2025, following was mentioned about the nature of injuries:- "Nature of injuries:- The injury No.1 of the complainant was declared as dangerous to life by the Doctor, the injuries No.2, 3, 4 of the complainant were declared as grievous by the Doctor, and the injuries No.6 and 7 were declared as grievous and dangerous to life by the Doctor, so the offence u/s 109, 118(2) BNS, 2023 were added in the FIR in question vide DDR No.24 dated 25.01.2025. The injury No.5 was declared as simple in nature."

Besides, it is also mentioned in the said status report that three axes used in the commission of crime were recovered from the spot. 9.

Faced with the situation, learned counsel for the petitioners seeks permission to withdraw regular bail petitions, i.e., CRM-M-273232025 & CRM-M-54984-2025, at this stage. 10.

As a consequence thereof, learned counsel for the petitioners in CRM-M-48415-2025 also seeks permission to withdraw the instant

- 6 - compromise petition, at this stage.

11.

In view of above, both regular bail petitions, i.e., CRM-M27323-2025 & CRM-M-54984-2025 and compromise quashing petition, i.e., CRM-M-48415-2025, stand dismissed as withdrawn, at this stage. Pending misc. application(s), if any, also stand disposed of. Photocopy of this order be placed on the files of other connected cases.

(SANJAY VASHISTH) JUDGE March 16, 2026 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No