JUDGMENT :

Harpreet Singh Brar, J.

Vide this common order, I intend to dispose of CRM-M Nos.21409 of 2024 and 12151 of 2025, as common questions of law and facts are involved for adjudication. For the sake of convenience, facts are taken from CRM-M-21409-2024.

2. Prayer in both these petitions filed under Section 483 of BNSS, 2023/439 of Cr.P.C. is for grant of regular bail to the petitioner(s) namely Lovepreet Singh Labha and Jujhar Singh @ Hazara in FIR No.0244 dated 28.09.2021 registered under Sections 307, 341, 324, 148, 149 IPC (Sections 326, 323 IPC added later on) at Police Station Chheharta, District Police Commissionerate, Amritsar.

3. The petition i.e. CRM-M No.21409 of 2024, is the 1st petition filed by the petitioner - Lovepreet Singh Labha while the petition i.e. CRM-M No. 12151 of 2025, is the 2nd petition filed by the petitioner - Jujhar Singh @ Hazara. The petitioner Jujhar Singh's 1st petition seeking regular bail was dismissed as withdrawn on 23.01.2024. The 2nd petition on behalf of the petitioner - Jujhar Singh @ Hazara, has been filed on the ground of delay in conclusion of trial as the petitioner has suffered the incarceration of more than 03 years.

4. The brief facts of the case are that Kashmir Singh, a 50 years old vegetable vendor from Baba Farid Nagar, Amritsar, stated that his son, Manpreet Singh @ Mann and his friend Varinder Singh @ Mithu attended a birthday party on the evening of 27.09.2021. At around 1:00 AM, when they were returning home on a motorcycle, they were ambushed near Milap Avenue by Hazara, Labha, Mann, Roba and others, who arrived in cars and on motorcycles, armed with kirpans and datars. The assailants encircled the two and attacked them, causing severe injuries to their heads and other parts of their bodies. Kashmir Singh rushed to the spot and he along with his son's friends, took the injured to Amandeep Hospital, Amritsar, for treatment. Thereafter, the impugned FIR was registered.

5. Learned counsel for the petitioner(s) refers to the case set up by the prosecution and submits that no specific injury has been attributed to the petitioner(s). Further both the injured as well as the complainant have already been examined before the learned trial Court. He further submits that the statement of injured witness Manpreet Singh was recorded after a delay of 14 days of the alleged occurrence and material improvements have been made in his statement. He additionally submits that it is a matter of trial as to which of the accused has caused the injuries, which were declared dangerous to life.

6. Learned counsel for the petitioner(s) further submits that although the petitioner(s) are involved in other cases, however, they are on bail in all other cases and both the petitioner(s) have suffered the incarceration of more than 03 years and there are total 24 prosecution witnesses cited in the list of witnesses, out of which, 09 PWs have been examined till date and the trial is likely to take long time in conclusion.

7. Per contra, learned State counsel has filed separate custody certificates as well as status report by way of affidavit of Shivdarshan Singh, Assistant Commissioner of Police, West, Amrisar, today in the Court which are taken on record and he opposes the prayer made by learned counsel for the petitioner(s) on the ground that the petitioner(s) have actively participated in the alleged incident and they have attacked the son of the complainant in a determined manner, who suffered injuries on his head, which were declared dangerous to life, however, he could not controvert the fact that the petitioner(s) are in custody from the last more than 03 years and out of 24 PWs, only 09 PWs have been examined so far.

8. Having heard learned counsel for the parties and after perusing the record of the case, it transpires that the petitioner(s) are behind the bars from the last more than 03 years. Investigation is complete. The final report under Section 173 Cr.P.C. was presented before the concerne