217 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-49863-2024 (O&M)

Date of decision : 28.01.2025 Amandeep Singh @ Soni ....Petitioner versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. Chandan Singh Rana, Advocate for the petitioner.

Mr. J.S. Arora, D.A.G., Punjab.

RAJESH BHARDWAJ , J. (Oral)

1. Present petition has been filed for grant of regular bail in case FIR No.104 dated 13.11.2020, under Sections 302, 307, 452, 427, 506, 148, 149 of IPC, later on offence under Sections 303, 324, 325 and 120-B IPC added, registered at Police Station Jodhan, Ludhiana.

2. Succinctly the facts of the case are that the FIR in the present case was registered on the statement of Manjeet Singh. It was alleged that his father Harbachan Singh had purchased his house at Mansuran after retirement from M.P. Police. They have a dispute with their neighbour Karam Singh and Jagtar Singh, who are their next door neighbour. His maternal Uncle, namely, Chamkaur Singh had come to their house after taking treatment from Ludhiana. On 13.11.2020, his father Harbachan Singh had come home after getting the treatment of his maternal Uncle. At about 10:30 AM, Hari Singh started abusing them and thereafter the dispute was escalated. Amandeep Singh @ Soni armed with dang, Amritpal Singh armed with Gandasa, Gurjant Singh armed with iron pipe, Himmat Singh @ Bittu Singh armed with wooden stick, Gurdas Singh armed with dang, Hari Singh armed with bat, Gurmukh Singh armed with wooden stick, all started abusing and while abusing entered their house and started giving beatings to his maternal uncle Chamkaur Singh. Amandeep Singh @ Soni (petitioner) attacked his maternal uncle/Mama with his dang on right ankle and other accused also gave injuries with the weapons in their hands. They all dragged his maternal uncle/Mama Chamkaur Singh in the street while beating. On raising alarm by them the said persons left the place along with their weapons by threatening the complainant. They shifted their maternal uncle to Civil Hospital, Pakhowal where he was declared dead. Request was made to take legal action against the culprits. On the registration of the FIR, investigation commenced; postmortem of the dead body was conducted; statements were recorded and on completion of the investigation, challan was presented. The petitioner was arrested on 15.12.2020. The petitioner approached the Learned Additional Sessions Judge, Ludhiana praying for grant of bail, however, finding no merit, the same was declined after hearing both the sides by Learned Additional Sessions Judge, Ludhiana vide order dated 12.08.2024. Aggrieved by the same, the petitioner approached this Court praying for grant of bail.

3. Learned counsel for the petitioner has contended that the petitioner has been falsely implicated in the present case. He submits that as per the case of the prosecution, the dispute was between the neighbours and a litigation was already going on between both the sides. He submits that on account of the same, the complainant has falsely implicated the petitioner and other accused. He submits that even otherwise the petitioner has allegedly given stick blow on the ankle of the deceased, which is a non-vital part. He submits that the petitioner is behind bars from last more than 04 years. He submits that the petitioner has no criminal antecedents. He submits that the prosecution has not been able to conclude the trial. He has placed on record the orders passed by this Court, wherein the similarly situated co-accused, namely, Himmat Singh @ Bittu Singh has been granted bail. He thus, submits that case of the petitioner is at par with that of the co-accused and hence the petitioner, in the facts and circumstances of the case, the petitioner deserves to be granted bail.

4. Learned State counsel, on the other hand, has opposed the submissions made by the counsel for the petitioner and submits that the case of the prosecution is based on the