Sarabjit Singh Alias Sabba v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 18.08.2025 SARABJIT SINGH ALIAS SABBA ... PETITIONER

VERSUS

STATE OF PUNJAB ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Ms. Samanpreet Kaur, Advocate for Mr. Harmanpreet Singh, Advocate for the petitioner. H.S. Grewal, J.(Oral) 1.

This petition has been filed for grant of regular bail under Section 483 of BNSS in case FIR No. 23 dated 21.03.2022 under Sections 307, 336, 323, 148, 149 of IPC and under Sections 25,27 of Arms Act registered at Police Station Verka, District Police Commissionerate Amritsar. 2.

The case of the prosecution is that one Sharanjit Singh @ Sunny armed with datar along with 3/4 more persons came near the Banyan tree in the area of Preet Nagar Verka and raised Lalkara to the complainant. Unidentified person took over datar and gave three blows with datar on the complainant which hit on his head, on left side of his waist and on his right arm. Sharanjit Singh fired two shots with his pistol aiming on the complainant with an intention to kill him. One fire shot hit on ground and one fire shot hit on the

-2left leg. Thereafter they fled away from the spot. It is alleged that the present petitioner was one of the unidentified persons who had caused injuries to the complainant.

3.

Learned counsel for the petitioner submits that the petitioner has not been named in the present FIR and has been falsely involved only on the basis of disclosure statement of co-accused. He furthers submits that no specific role has been attributed to the petitioner and there is no evidence or proof of the petitioner was present at the place of incident. The co-accused namely Vijay has been granted concession of regular bail by the Coordinate Bench of this Court on 25.08.2022.

4.

Notice of motion.

5.

Mr. Amit Rana, Sr. DAG, Punjab accepts notice on behalf of the respondent-State. Learned State counsel has filed the custody certificate of the petitioner in the Court today and the same is taken on record. As per custody certificate, the petitioner is in custody for the last 02 years 07 months and 27 days. On asking, he further submits that out of 22 cited prosecution witnesses only 02 prosecution witnesses have been examined. 6.

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

7.

Keeping in view the facts and circumstances of the case; the fact out of 22 cited prosecution witnesses only 02 prosecution witnesses have been examined so far; the petitioner is in custody for the last 02 years 07 months and 27 days since the continuous detention of the petitioner would not serve the

-3ends of justice, I deem it a fit case to grant the concession of regular bail to the petitioner during the pendency of the trial.

8.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

9.

It is clarified that if on bail so granted through the instant order, the applicant is found indulging in any other criminal case it shall be open to the State to seek cancellation of his bail.

(H.S.GREWAL) 18.08.2025 JUDGE renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No