Jaskaran Singh Alias Gaggu v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-59029-2024 Date of Decision: 02.12.2024 JASKARAN SINGH ALIAS GAGGU

...Petitioner

Vs.

STATE OF PUNJAB

...Respondent

CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present :

Mr. Simranjot Singh, Advocate, Mr. Rahul, Advocate with Mr. Lupil Gupta, Advocate for the petitioner, Mr. M. S. Bajwa, DAG, Punjab.

N.S.SHEKHAWAT , J. (Oral) 1.

The petitioner has filed the instant petition under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 with a prayer to grant a regular bail in case FIR No.107 dated 07.09.2024 registered under Section(s) 109, 115(2), 190 and 191 of BNS, 2023 at Police Station City Rampura, District Bathinda.

2.

Learned counsel for the petitioner contends that the petitioner was not named in the FIR and nor any physical description was mentioned, which connected the petitioner with the commission of crime. He further contends that the allegations were primarily leveled against Jeevanjot Singh, Satnam Singh and Manni Singh and out them Jeevanjot Singh and Satnam Singh have already been granted the concession of bail. He further contends that as per the

CRM-M-59029-2024 -2evidence, only two injuries have been declared to be grievous in nature and remaining injuries were declared simple. Even no specific role has been attributed to the petitioner in the present case. He further contends that the petitioner is first offender and is liable to be admitted on bail.

3.

On the other hand, learned State counsel has vehemently opposed the prayer made by the learned counsel for the petitioner on the ground that there are serious allegations against the petitioner and the petitioner is not entitled for the concession of regular bail. 4.

I have heard learned counsel for the parties and perused the record.

5.

In the present case, the parties are neighbors and were known to each other. Still the petitioner was not named as one of the assailants by the complainant in the present case. Even otherwise two main accused namely Jaskaran Singh @ Gaggu has been granted the concession of bail by the trial Court. Another co-accused namely Harwinder Singh has been granted the concession of bail by this Court (Annexure P-4). The petitioner is in custody since 22.10.2024 and recovery have already been effected in the present case. Thus, no meaningful purpose will be served by keeping the petitioner behind the bars.

6.

In view of the above, without commenting any further on the merits, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the

CRM-M-59029-2024 -3satisfaction of the learned trial Court/Duty Magistrate/CJM concerned.

02.12.2024 ( N.S.SHEKHAWAT) M.Sikka JUDGE Whether reasoned/speaking :

Yes/No Whether reportable :

Yes/No