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2024 Supreme(Online)(P&H) 7959

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PARGAT SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 13.01.2025 Pronounced on: 24.01.2025 Pargat Singh ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Ms. Abhilasha Kainth, Advocate for Mr. B.S. Bhalla, Advocate for the petitioner.

Mr. Jasjit Singh, DAG, Punjab.

****

ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

107 14.08.2024 Kot Ise Khan, 118(1), 115(2), 125, 191(3), District Moga 190 & 324 IPC and 27 of Arms Act

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

2. In paragraph 13 of the bail petition, the accused declares that he has no criminal antecedents.

3. The facts and allegations are being taken from the reply filed by the State, which reads as follows:

“3. That brief facts of the case are that the complainant got recorded his statement with the police on 13.08.2024 that he along with his son Jaskaranpreet Singh aged about 17 years were returning from their fields at about 10.15 PM when they reached near the fields of Jagjit Singh @ Juggu s/o Ranjit Singh, then Jagjit Singh @ Juggu called the complainant and asked him to stop the motorcycle and Gurjant Singh @ Vicky son of Balkar Singh armed with dang, Sukhwinder Singh @ Laddi son of Balvir Singh armed with Dang were accompanied with Jagjit Singh @ Juggu. All of them were in drunkard condition and they started arguing with the complainant and his son without any reason. Then Sukhwinder Singh @

Laddi gave a blow of his dang, which hit the complainant's motorcycle, due to which motorcycle of the complainant was damaged. The complainant and his son alighted from the motorcycle, then Gurjant Singh gave a blow of his dang, which hit the right eye of Jaskaranpreet Singh. The complainant and his son ran away towards their house to save themselves. After reaching their house, the complainant narrated all these facts to his father. Then the complainant's father namely Maan Singh along with Angrej Singh, Gurpreet Singh and Bhupinder Singh accompanied with the complainant, and went to the house of Jagjit Singh to complain about the same. They found that Jagjit Singh was present at his house's main gate. Jagjit Singh started arguing with the father of the complainant and accused Jagjit Singh took out his revolver and fired three shots in air. Pargat Singh (Present petitioner) son of Mehal Singh armed with a sword, Gurjant Singh @ Vicky son of Balkar Singh armed with kirch, Sukhwinder Singh @ Laddi son of Balvir Singh armed with dang, Gurmej Singh s/o Mehal Singh armed with sword, Lakhwinder Singh s/o Balkar Singh armed with axe, Sukhwinder Singh s/o Bishan Singh armed with sword, all residents of Kot Sadar Khan, District Moga and 7/8 unknown persons came there. Accused Jagjit Singh raised lalkara and directed his companions not to allow the complainant and others to return safely. Pargat Singh (Present petitioner) gave a blow of his sword which hit the backside of the right hand of the complainant. Sukhwinder Singh gave a blow of his dang which hit on the left side of the head of the complainant. Gurjant Singh @ Vicky gave a blow of his kirch which hit on the back near waist of the complainant. Accused persons have also caused injuries to Maan Singh, Gurpreet Singh and Bhupinder Singh. On raising hue and cry all the accused run away from the spot alongwith their respective weapons.

4. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

5. The State’s counsel opposes bail and refers to the reply.

6. It would be appropriate to refer to the following portions of the reply, which read as follows:

“5. That further on the basis of statement of Gurjeet Kaur wife of Ranjit Singh resident of Kot Sadar Khan, cross version vide DDR No.22 Da

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