##PAGE1##

CRM-M-73325-2025 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

120 CRM-M-73325-2025

Date of Decision: 24.12.2025

Gurjant Singh

…Petitioner.

Versus

State of Punjab

…Respondent.

CORAM: HON’BLE MS. JUSTICE AARADHNA SAWHNEY.

Present: Mr. Aajeshwar Singh Grewal, Advocate for the petitioner.

Mr. Kamalpreet Bawa, DAG, Punjab.

****

AARADHNA SAWHNEY, J. (Oral)

1. Petitioner, an accused in case FIR No. 305 dated 23.11.2025,

registered against him under Sections 115(2), 118(1) of BNS (offence under

Section 118(1) of BNS has been deleted and offence under Section 118(2) of

BNS has been added vide DDR No.36 dated 1.12.2025), at Police Station

Talwandi Sabo, District Bathinda, has filed the present petition for grant of

anticipatory bail.

2. Relevant facts as emerging from the documents on record be

noticed hereinbelow:-

Boota Khan, son of Bhura Khan, resident of Singo, set the

criminal law in motion by filing a complaint pointing therein that his father

Bhura Khan had died about nine years ago, leaving behind his mother Smt.

Nikki Kaur and four children including the complainant. He and the other

1 of 6

::: Downloaded on - 06-01-2026 10:54:57 :::

CRM-M-73325-2025 -2-

two sisters are married and residing separately. Youngest of the sibling is

Gurjant Singh, who had joined Indian Army in 2010. About four months

ago, Gurjant Singh had come on leave but did not report back for duty.

Presently, he is residing in Singo. Complainant pointed out that he had a

land dispute with his younger brother Gurjant Singh, who allegedly is

cultivating land more than his share. Whenever, he (c) demanded land of

his share from Gurjant Singh, verbal altercation used to occur. In the

evening of 21.11.2025, when he (c) was present in his fields, he saw his

younger brother Gurjant Singh, who was armed with ‘Gandasa’, standing a

little distance away. When he asked Gurjant Singh to leave his share of

land, Gurjant lost his cool and unleashed an attack. Complainant alleges

that he was given repeated ‘Gandasa’ blows by his younger brother Gurjant

Singh on his left leg, right side of back, head etc. On hearing his cries of

pain, as people started gathering, Gurjant Singh, fled away along with his

weapon. He telephonically intimated his wife who arranged for a vehicle

and rushed him to Civil Hospital, Talwandi Sabo, where first aid was

provided, but seeing his delicate medical condition, he was referred to Civil

Hospital, Bathdina. However, the family members got him admitted to Gold

Medica Hospital, Bathinda, where he is still admitted. Primarily, with this

backdrop, complainant requested the police authorities to catch hold of

Gurjant Singh as also to initiate appropriate legal proceedings against him.

Based on the said complaint and medico legal report, a formal case vide

FIR No. 305 dated 23.11.2025, was registered against him under Sections

115(2), 118(1) of BNS (offence under Section 118(1) of BNS has been

deleted and offence under Section 118(2) of BNS has been added vide DDR

No.36 dated 1.12.2025), at Police Station Talwandi Sabo, District Bathinda.

2 of 6

::: Downloaded on - 06-01-2026 10:54:58 :::

CRM-M-73325-2025 -3-

After seeking the opinion of the treating doctor, offence under

Section 118(2) of BNS was added vide DDR No. 36 dated 1.12.2025 (offence

under Section 118(1) was deleted.

Apprehending his arrest, petitioner moved an application for

pre-arrest bail before learned Additional Sessions Judge, Bathinda. The

same came to be dismissed by learned Additional Sessions Judge, Bathinda,

vide order dated 16.12.2025. Aggrieved of which, the present petition has

been filed for grant of bail.

3. Learned counsel for the petitioner contends that petitioner, who

has been serving in Indian Army, has been falsely implicated in the present

case by none else but his real brother. Twisted facts have been given in the

complaint. In fact, the portion of land of petitioner had been leased out to

complainant Boota Khan, who had failed to pay the lease money. Petitioner

and his mother leased out the lan