Sukhwinder Singh @ Gurwinder Singh @ Kali v. State Of Punjab

-1250+338

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sukhwinder Singh @ Gurwinder Singh @ Kali ..... Petitioner

Versus

State of Punjab ..... Respondent Dilpreet Singh ..... Petitioner versus State of Punjab ..... Respondent Date of Decision: 04.09.2025 CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present:

Mr. Mikhail Kad, Advocate for the petitioner in CRM-M-33028-2025.

Mr. Sumeet Puri, Advocate (through VC) for the petitioner in CRM-M-47524-2025.

Mr. Raj Karan Singh, Asstt. A.G., Punjab.

*** RAJESH BHARDWAJ, J. (Oral) 1.

By this order, I dispose of the above mentioned two petitions arising out of the same FIR.

2.

Both the petitions have been filed praying for the grant of regular bail to the petitioners in case bearing FIR No.74, dated 05.08.2024, under Sections 109, 118(1), 115, 191(3), 190, 351, 117(2) of BNS, 2023, registered at Police Station Longowal, District Sangrur, Punjab.

-23.

As per the facts of the case, the present case was registered on the statement of complainant, namely, Arshdeep Singh @ Arsh. It was alleged that on 03.08.2024, he along with his friend, namely, Gaganpreet Singh were going on a motorcycle from village Kunra to Badrukha to drop Ravi. After dropping Ravi, when they were returning back, they were waylaid by Simranjit Singh @ Gagana, Kala, Dilpreet Singh @ Delli (petitioner in CRMM-47524-2025) and Harpreet Singh @ Nagg, who were duly armed. In conspiracy with each other all of them open attacked him. Simranjit Singh raised lalkara and Gagna gave gandasa blow on the head of complainant and Harpreet Singh @ Nagg gave a kirpan blow on his head whereas Kala attacked with a rod on his right elbow and right wrist and others also attacked him.

Dilpreet Singh (petitioner in CRM-M-47524-2025) gave rod blow on the head of the complainant. As he suffered various injuries, he was admitted in Civil Hospital, Sangrur. The request was made to take legal action against the culprits. On registration of FIR, investigation commenced. During the investigation, complicity of the petitioner, namely, Sukhwinder Singh @ Gurwinder Singh @ Kali surfaced and thus he was arrayed as an accused in the present case. The petitioners were arrested on 25.11.2024. The petitioners approached the Court of learned Additional Sessions Judge, Sangrur praying for grant of bail, however, after hearing both the sides and finding no merit in the same, the learned Additional Sessions Judge, Sangrur dismissed both the bail applications filed by the petitioners vide orders dated 18.02.2025 and 09.07.2025.

Hence being aggrieved, the petitioners are before this Court by way of filing of present petitions praying for the grant of bail.

-34.

Learned counsel for the petitioners have vehemently contended that the petitioners have been falsely and frivolously implicated in the present case. They, at the outset, prays for the grant of bail to the petitioners on the basis of parity with that of the co-accused, namely, Gurdeep Singh @ Kala, Harpreet Singh @ Nagg and Simranjit Singh @ Gagna, who have been granted regular bail by this Court vide orders dated 19.08.2025 and 20.08.2025, respectively, passed in CRM-M-19088-2025, CRM-M-249642025 and CRM-M-44092-2025. They have submitted that the cases of the petitioners are at par with that of the co-accused, who have granted bail by this Court. They have submitted that the petitioners are in custody since the date of their arrest. They have submitted that in the facts and circumstances that the co-accused of the petitioners have already been granted bail by this Court and thus, the petitioners deserve to be granted bail on parity. 5.

Per contra, learned State counsel has opposed the submissions made by the learned counsels for the petitioners. However, she has endorsed the factum of grant of bail to the co-accused of the petitioners as stated above and has not denied that the petitioners are at par with the co-accused, namely, Gurdeep Singh @ Kala, Harpreet Singh @ Nagg and Simranjit Singh @ Gagna.

6.

Heard.

7.

On hearing counsel for the parties and perusing the record, it is deciphered that the petitioners are behind bars since the date of their arrest. Admittedly, co-accused, namely, Gurdeep Singh @ Kala, Harpreet Singh @ Nagg and Simranjit Singh @ Gagna, who have been granted regular bail by

-4this Court vide orders dated 19.08.2025 and 20.08.2025, respectively, passed in CRM-M-19088-2025, CRM-M-24964-2025 and CRM-M-44092-2025 and the cases of the petitioners are at par with that of co-accused. 8.

The veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial Court. This Court would refrain itself from commenting anything on the merits of the case. 9.

Keeping in view the arguments raised by both the sides and perusing the record, the Court is of the opinion that learned counsels for the petitioners succeed in making out a case for the grant of bail on parity. Accordingly, both the petitions are allowed and the petitioners are ordered to be released on bail on their furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. Nothing said herein shall be treated as an expression of opinion on the merits of the case. (RAJESH BHARDWAJ) 04.09.2025 JUDGE rittu Whether speaking/reasoned : Yes/No Whether reportable : Yes/No