IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

273 CRM-M-64184-2024 (O&M)

Date of Decision:- 08.05.2025 JAGGA SINGH ALIAS JAGSIR SINGH ....Petitioner(s)

Versus STATE OF PUNJAB ...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present : Mr. Kamaldip Singh Sidhu, Advocate for the petitioner.

Mr. Iqbalpreet Singh, AAG Punjab.

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SANJIV BERRY, J. (ORAL)

The instant petition has been preferred by the petitioner under Section 483 BNSS, 2023 for grant of regular bail to the petitioner in the following case :-

FIR No. Dated Sections Police Station

12 07.02.2024 324, 323, 148, 149, 427 IPC Nihal Singh Wala, (326 IPC added later on vide District Moga Rapat No.14 dated 05.06.2024)

no. 2), Mo

2. It is, inter alia, contended by learned counsel for the petitioner that the petitioner is innocent and the allegations levelled in the FIR are concocted and baseless. He contends that even as per the allegations, the injury attributed to the petitioner is not on the vital part of the body. He submits that the petitioner is in custody since 05.06.2024 and after the completion of investigation, challan has been presented in Court and the conclusion of trial will take sufficient long time. Thus prays for grant of concession of bail to the petitioner.

3. Per contra, learned State counsel while referring to the short reply filed by the State has opposed the petition on the ground that the petitioner along with co-accused had attacked the complainant and gave multiple blows with kappa which hit the complainant on his left hand, left leg and back. Thus, prays for dismissal of the petition.

4. Heard learned counsel for the parties and perused the record.

5. After considering the rival contentions and perusing the record, it transpires that as per the case of prosecution on 04.02.2024, the complainant was talking to his friend Avtar Singh and at about 5/5:30 PM the petitioner along with co-accused Mani Likhari and Arshdeep came there on motorcycles and started giving beatings to the complainant. The petitioner allegedly pointed out his pistol, however, it did not work and the petitioner took out kappa and gave multiple blows of his kappa, hitting the complainant on his left hand, left leg and back. Admittedly, the injuries attributed to the petitioner is not on the vital part of the body. After the completion of investigation, challan has been presented in Court, which is triable by the Court of Magistrate, wherein the prosecution has cited 14 witnesses and none has been examined till date. The criminal liability, if any, of the petitioner, could only be determined after the conclusion of trial, which may take sufficient long time. In the circumstances, no purpose would be served by detaining the petitioner any longer.

6. Consequently, without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of learned Trial Court/Judge on Duty/Duty Magistrate concerned, if not required in any other case; undertaking to regularly appear on each and every date; not to leave the country without prior permission of the Court;

and not to tamper with evidence of prosecution in any manner.

7. Any observation made above shall not be construed as opinion of this Court on the merits of the case.

8. Pending miscellaneous application(s), if any, stands disposed of.

(SANJIV BERRY)

JUDGE

08.05.2025 S.Sharma(syr)

i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No