IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH *****

CRM-M No.12145 of 2026 Date of decision : 7.3.2026 Date of uploading : 7.3.2026 Jaswinder Singh @ Kala Khialeka ………….Petitioner Versus State of Punjab …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Nandan Jindal, Advocate, for the petitioner Mr. Gaurav Gurcharan S. Rai, Senior DAG, Punjab ---

SUMEET GOEL, J. (ORAL)

1. Apprehending his arrest in FIR No.97 dated 29.12.2025, under Sections 118(2), 118(1), 115(2), 351(2), 324(4), 190, 191(3) of Bharatiya Nyaya Sanhita, 2023 (Section 109 of BNS added later on), registered at Police Station Mehal Kalan, District Barnala, the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-

‘Statement of Shamsher Khan S/o Sharif Mohd. R/o Kaura Patti, MehalKalan aged about 25 years M.No.62 390-46215, stated that I am the resident of above said address I do the labour work in order to earn livelihood. I had two sisters out of whom, my sister Seria has expired and the name of my elder brother is Wakeel Khan who is also doing the labour work. I in order to maintain my family purchased one Ertiga Car bearing No.PB01F2430 on installments in the year

2024, the same is being plied at Taxi Stand as Taxi, I drive the same. On 27.12.25 1 was returning on my above said car to MehalKalan at my home after completing the round of trip towards Barnala then when I reached near the road towards Hospital and Hon'ble DSP nearby to the main road then the time might be around 6:30 PM then one Swift Car of White Colour stopped ahead of my car out of which Hardeep Singh @ Happy S/o Bala Singh armed with pistol, Barru Singh S/o Labh Singh armed with Kirpan, Sonu Singh S/o Buta Singh armed with Kirpan, Sandy S/o Kamal Singh armed with rod and Munish Yadav armed with Kirpan came out of the car and after seeing these persons I immediately opened the door of my car and ran towards the rear side. All of these people started breaking my car and from the back side meaning thereby that from the side of Mehalkalan bus stand Napoli S/o Buta Singh armed with rod, Preet Singh S/o Meeti armed with rod, Gora Singh S/o Labh Singh armed with rod, Ravi Singh S/o Sanju, residents of ChakBhai with iron gandasi, Yaddi S/o Veera Singh armed with iron rod, Maninder Singh S/o Jeetu @ Pamma armed with Kirpan came on 3-4 motor cycles who encircled me, in the meantime one Scorpio car also came from MehalKhurd side and stopped at the spot out of which Bittu @ Arshdeep, Kala Khialeka armed with iron rod, Davinder Singh S/o Jaspal Singh armed with iron rod, Inderpal Singh @ Bola armed with iron rod, Harbhajan Khan S/o Jeet Khan armed with iron rod, Manzoor Khan S/o Jeet Khan armed with Gandassi which was fitted in the iron pipe, Lakhwinder Singh S/o Unknown armed with iron rod and Bala Singh armed with Kirpan all of them alighted at MehalKalan who started beating me who broke my both legs, my both arms and also hit at my head with Kirpan and iron rods. Hardeep Singh @ Happy tried to fire bullet at me with pistol but the same could not fire then he caught hold the iron rod from Davinder Singh and hit the same directly at my head. My car was also broken completely, all of them kept on beating me with iron rods and kirpan till the time I got unconscious. On regaining consciousness my brother Wakeel Khan told me that on 27.12.25 at around 6:45 PM when Hardeep Singh @ Happy, Davinder Singh @ TaibiEtc were hitting you mercilessly with iron rods and kirpans then I reached at the spot, I was watching from a side by hiding, if I would have also come in front of them then they would have also beat me mercilessly, then all of them by thinking you as dead ran from the spot on their cars, motorcycle along with weapons. I got you admitted at CHC MehalKalan by taking help from other people and from a car at