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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-16658-2024 Date of Decision: 27.02.2025 SUJAL ... Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Naveen Kumar Mahajan, Advocate for the petitioner.

Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab.

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JASJIT SINGH BEDI, J.

The prayer in the present petition under Section 439 Cr.P.C. is for the grant of regular bail in case bearing FIR No.44 dated 27.02.2023 (Annexure P-1) registered under Sections 302, 323, 336, 148, 149 IPC, 1860 (at the time of framing of charge under Section 324 IPC has been added and charges under Sections 25 and 27 of Arms Act, 1959 not framed) at Police Station Gate Hakima, District, Amritsar.

2. The present FIR came to be registered at the instance of Sukhwinder Singh S/o Swaran Singh and the same reads as under:-

“Statement of Sukhwinder Singh son of Swaran Singh, resident of house no. 6873/22 Wariyam Singh colony Chabal road Amritsar, aged around 29 years, mobile no. 9592315302, made a station that I am resident of above said address and I do job at HP world Nehru complex, Sheetal who is like sister of me has given a birth to a son and we were celebrating on 26.02.2023 at night time in our house and were doing party and at around 3.30, 11.00 in the night one I20 color white and of second car I could not read the brand color white, Pratham son of Shailly, Gurdeep Singh son of Dalip, Ajay son of Hira Singh, Sujal son of Sonu, Harpreet Singh @ Poppy son of Karnail Singh, Shera son of Anil, residents of Wariyam Singh colony Asr. came out of them Harpreet Singh @ Poppy, Pratham and Ajay came out of their car and called upon to park the motorcycle at side in the street, after hearing the voice I and my brother Balwinder Singh @ Ballu came out of house and I told I would bring the key and park the motorcycle at side then Pratham and his accomplice started abusing us and in the meantime other persons with them brought baseball and other sharp weapons, we had gone inside our house then above said all the persons pulled out Sonu and my brother Balwinder Singh out of house and in the meantime they called more persons Vijay Bhuji resident of Wariyam Singh colony and 4/5 unidentified persons have been called there who pushed us and Pratham, Ajay and Sujal from their car brought glass bottles and in the meantime our neighbor Hitesh Kumar son of Ashwani Kumar came forward to escape us then out of the above said accused Vijay Bhujji gave baseball blow upon Hitesh Kumar which hit on the backside of his head and other accused along with their weapons and bottles attacked us, Pratham, Ajay and Sujal hit bottles on the head of my brother, my brother due to blows of glass bottles and their weight my brother was in blood and fell down on the ground, then we raised alarm killed us killed us then above said accused fired from their pistols and run from the spot along with their weapons. We had arranged for vehicle and taken Balwinder Singh for treatment to Mahajan Hospital Khazana Gate there Doctor has declared my brother Balwinder Singh @ Ballu as dead, Hitesh Kumar got himself treated at Civil Hospital, Pratham and his accomplice above said has murdered Balwinder Singh @ Ballu and injured Hitesh Kumar against the accused legal action may be taken. I have made the statement, I have read it, it is correct. Sd/-

Sukhwinder Singh Singh.”

3. During the course of investigation, Amandeep Kaur daughter of Kulwant Singh and Hitesh Kumar were examined by the doctors of Civil Hospital, Amritsar as per which Amandeep Kaur had been found to have received two sharp simple injuries whereas Hitesh Kumar had received one blunt simple injury.

The postmortem of the deceased Balwinder Singh revealed four injuries on his head, left auricle, left eye and left side of the brain and the cause of death was declared to be brain injury.

Accused Pratham and Gurdeep Singh surrendered on 16.03.2023 and suffered their disclosure statements