High Court of Punjab and HaryanaCRM-M/35892/2025allowed

Sewak Singh v. State Of Punjab

2025-07-28Mrs. Justice Sukhvinder Kaur4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.212 Case No. : CRM-M-35892-2025 Decided On : July 28, 2025 Sewak Singh ....

Petitioner vs.

State of Punjab ....

Respondent CORAM :

HON'BLE MRS. JUSTICE SUKHVINDER KAUR.

* * * Present :

Mr. Baban Goyal, Advocate for the petitioner.

Mr. P. S. Pandher, AAG, Punjab.

* * * SUKHVINDER KAUR , J.

Prayer in the present petition, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is for grant of anticipatory bail to the petitioner in FIR No.0111 dated 18.06.2025, under Sections 126(2), 118(1) and 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023, registered at Police Station Nihal Singh Wala, District Moga. The aforesaid FIR was registered on the statement of complainant Jasvir Singh, wherein it was stated that on 09.06.2025, at about 09:30 PM, when he was returning after closing his shop and was just 500 meters behind from his house, then the petitioner Sewak Singh along with his two sons Jasmail Singh and Sonu Singh, attacked him causing him severe injuries. Sewak Singh raised lalkara and Jasmail Singh gave a blow of sword on his right eye. Sonu Singh also gave iron rod blow which hit both his legs, thereby causing fracture in both legs. The petitioner Sewak Singh gave baseball bat blow which hit on right arm and shoulder of the

complainant. On raising alarm, persons from complainant's locality gathered at the spot and all the accused ran away with their respective weapons. The complainant was got admitted to hospital. According to the complainant's version, the motive behind the occurrence was that he used to stop the accused persons from selling intoxicant material and they used to keep grudge in their mind.

Learned counsel for the petitioner contended that the petitioner is not connected with the offence in the present case and has been falsely implicated. There was delay of nine days in lodging the FIR. The injuries attributed to the petitioner have not been shown in the MLR of the complainant. He submitted that the petitioner is ready to join the investigation and is not required for any interrogation. It has, therefore, been prayed that the petitioner be granted concession of anticipatory bail. Notice in this case was issued on 10.07.2025 by this Court and Status Report was called from the State, which has been filed on the last date of hearing i.e. 23.07.2025.

Today also, Status Report has been filed by learned State counsel, which is taken on record.

Learned State counsel has opposed the present bail petition while contending that weapon of offence is yet to be recovered and custodial interrogation of the petitioner is required for effective and fair investigation. Hence, prayer for dismissal of the present petition has been made. I have heard learned counsel for the parties and have also gone through the case file.

As per the allegations, the petitioner gave baseball bat blow on right arm and shoulder of the complainant, but as per MLR of the

complainant, no such injury has been shown on the person of injured. In the Status Report submitted on 23.07.2025, said injuries attributed to the petitioner had not been shown in the chart of injuries of injured Jasvir Singh. In the supplementary Status Report filed today in Court, it has been specifically alleged that as per the version of the complainant, the petitioner gave blow of his baseball bat, which hit his right shoulder and arm. However, as per MLR, there is no such injury on the person of the complainant. Thus, at this stage, the ocular version of the complainant is not corroborated with the medical evidence on record. Otherwise also, no useful purpose is likely to be served by sending the petitioner behind bars. Accordingly, without commenting on the merits of the case, the present petition is allowed.

In the event of arrest, the petitioner is ordered to be released on bail, on furnishing bail/surety bonds, to the satisfaction of the Arresting Officer/Investigating Officer, subject to the conditions, as provided under Section 482(2) of BNSS. It will be open for the Investigating Officer to call the petitioner to join investigation, if so required, by issuing a written notice in this regard. The petitioner shall also abide by the conditions mentioned in Section 482(2) of the BNSS.

However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail petition. July 28, 2025 (SUKHVINDER KAUR) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.