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2025 Supreme(P&H) 685

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA, J.
Dalvir Singh Chahal @ Mithu – Appellant
Versus
State of Punjab – Respondent
CRM-M-55825-2024 and CRM-M-56915-2024
Decided on : 27-01-2025

Advocates Appeared:
For the Appellant :Mr. V.P.S. Mithewal, Advocate and Mr. Harsh Gupta, Advocate, Mr. Manish Verma, Advocate
For the Respondent:Mr. Jasjit Singh, DAG, Punjab. Mr. P.S. Punia, Advocate, for the complainant.

JUDGMENT :

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

257

10.10.2024

Sahnewal, Ludhiana Distt. Police Commissionerate

329(3), 62, 324(4), 324(5), 303(2), 351(1), 351(3), 61(2), 191(3), 190 of BNS, 2023 and 25, 27 of Arms Act

1. The petitioners apprehending arrest in the FIR captioned above have come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.

2. In paragraph 8 of the bail petition i.e. CRM-M-55825-2024 and as per para 8 of the status report the accused has the following criminal antecedents:

Sr. No.

FIR No.

Dated

Offenses

Police Station

1.

229

16.12.2020

436, 120-B IPC

Sahnewal, Distt. Police Commissionerate

2.

193

03.11.2020

323, 294, 295, 506, 34 IPC

Sahnewal, Distt. Police Commissionerate

3.

126

29.05.2019

447, 511, 427, 506, 148, 149 IPC, 25/27 of Arms Act

 

4.

142

25.07.2006

61 Excise Act

Sahnewal

5.

81

2010

15 of NDPS Act

Payal

6.

22

22.01.2011

307, 452, 427, 506 IPC

Payal

7.

198

 

436, 120-B IPC

Sahnewal

8.

242

 

447, 506, 511, 148, 149, 120-B IPC

Sahnewal, Ludhiana

3. In paragraph 2.14 of the bail petition i.e. CRM-M-56915-2024 and as per para 8 of the status report the accused has the following criminal antecedents:

Sr. No.

FIR No.

Dated/Year

Offenses

Police Station

1.

60

 

447, 511, 427, 506, 148, 149, 120-B IPC

Dehlon, Ludhiana

2.

126

29.05.2019

447, 511, 427, 506, 148, 149 IPC, 25/27/54/59 of Arms Act

Sahnewal, Ludhiana

3.

242

2022

447, 511, 427, 506, 120-B, 148, 149 IPC

Sahnewal, Ludhiana

4.

257

2022

447, 511, 427, 506, 120-B, 148, 149 IPC

Sahnewal, Ludhiana

4. The facts of the case are being taken from the translated copy of the FIR annexed in the bail petition i.e. CRM-M-55825-2024, which reads as follows:

"Statement of Mandeep Singh Son of Late Jagjit Singh Resident of Village Tibba Police Station Sahnewal District Ludhiana. Aged around 45 years, Mob No.97819-xxxxx, stated that I am a resident of the said address, I am engaged in agriculture, my land is near village Tibba Canal, where I have planted millet crop. On dated 23.08.2024 at around 07:00 AM I went to visit my land and I saw that Jagjeevan Singh son of Gurdeep Singh resident of House No. 62/2 GT Road Daba Road Ludhiana, Dalveer Singh alias Mithu son of Davinder Singh, Davinder Singh son of Malkit Singh Vasian Sahnewal district Ludhiana, Satveer Singh alias Lali son of Jeet Singh, Hinda Vasian village Paddi police station Dehle district Ludhiana along with 10/15 unknown persons Jagjeevan Singh was ploughing my millet crop with tractor. When I stopped him from doing so, Davinder Singh took out a revolver from his pocket and Satveer Singh alias Lali was holding a rifle in his hand, who threatened me that if you went ahead, then we will kill you right here and throw you in the canal, so I was afraid.

I couldn't do anything because they ploughed and destroyed my sown millet crop while I was watching. They broke my electricity connection in my meter which is in my name. The aforesaid people stole my agricultural implements people stole it and placed their container in my land with the intention of taking possession. Before this, the aforesaid people had tried to occupy this land of mine, regarding which on my statements FIR No: 60, 66/2015 Police Station Dehlo, FIR No: 126/2019, 229/2020, 242/2022 Police Station Sahnewal, Ludhiana were registered against them. The title of the land is in my name and I am in possession of the land. Who like this, the above accused repeatedly try to occupy my land. All the above accused are persons with criminal background. Till date I have personally inquired about 10/15 unknown persons but I could not find anything about those 10/15 unknown persons. Today I was going to the police station to report this incident station, you met me at Dharor Sua Pulli, Dehle Road, Sahnewal, Ludhiana. I have got my statement recorded with you, heard it read it and found it to be correct. Appropriate legal action be taken against the above accused. xxx xxx"

5. The petitioners' counsel prays for bail by imposing any stringent conditions and

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