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

CRM-M-61038-2024 Reserved on: 03.07.2025 Pronounced on: 04.07.2025 JAGWINDER SINGH . . . . PETITIONER Vs.

STATE OF PUNJAB . . . . RESPONDENT ****

CORAM: HON’BLE MR JUSTICE DEEPAK GUPTA ****

Present: - Mr. Karanjeet Singh Brar, Advocate, for the petitioner.

Ms. Pratibha Bali, AAG, Punjab.

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DEEPAK GUPTA, J.

By way of this petition filed under Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 [for short ‘the BNSS’], petitioner prays for his release on regular bail in case FIR No.5 dated 04.01.2023, registered at Police Station Zirakpur, District SAS Nagar, under Sections 307, 323, 506, 341, 148 and 149 IPC [Sections 302/34, 120B IPC added later on vide rapat No.33 dated 22.02.2023 and offence under Section 307 IPC has been deleted].

2. It is the third petition moved by the petitioner seeking regular bail. The first petition bearing CRM-M-23618-2023 was dismissed by this Court vide order dated 06.09.2023. The second petition bearing CRM-M- 5919-2024 was dismissed as withdrawn vide order dated 08.02.2024 (Annexure P3).

3. Status report by way of an affidavit of Shri Jaspinder Singh, PPS, Deputy Superintendent of Police, Zirakpur, District SAS Nagar, on behalf of the State, has already been filed.

4.1 FIR was lodged on the statement of Bahadur Singh (now deceased), aged about 72 years, retired Sub Inspector from Wireless Wing of Police Department, as per which, on 04.01.2023, he was going for morning walk on the outer side of the village. At about 7.45 AM, as he reached near cremation ground, a big luxury car halted in his front and five boys descended from the same, who surrounded him. One of the boys was his co-villager namely, Kulwinder Singh @ Kaku. All of them were holding iron rods and sharp-edged deadly weapons in their hands, who started hurling abuses to him (complainant) and attacked him in life threatening manner. Kulwinder Singh @ Kaku exhorted others not to spare him on that day and then attacked him on his head with sharp edged weapon. As the complainant raised his right hand to save his head, the weapon hit in the centre of his right hand’s thumb and fingers, causing deep cut. The other assailants gave several iron rod blows on both his legs, fracturing the same. On shouting of the complainant, several people including his nephew Nirmal Singh reached the spot and he was shifted to Government Medical College & Hospital (GMCH), Sector 32, Chandigarh, where the statement of injured Bahadur Singh was recorded by ASI Chamkaur Singh, who reached there on getting information about the arrival of the injured. It was also disclosed by injured that on the previous date i.e. 03.01.2023, Harvinder Singh @ Binder, the brother of Kulwinder Singh @ Kaku had threatened him to teach a lesson for complaining against his family about Sarpanchi. Bahadur Singh also disclosed the reason for the incident to the effect that he was member Panchayat in the last elections, during which Ravneet Kaur wife of Harvinder Singh @ Binder was the Sarpanch and that he as member of panchayat had made complaints to the authorities about misappropriation done by Ravneet Kaur and that earlier his nephew had been attacked. It was further disclosed by injured Bahadur Singh that attack was on him with an intention to kill by Kulwinder Singh @ Kaku along with his four unknown accomplices, on the provocation of his brother Harvinder Singh @ Binder and that he could identify the assailants, if produced before him.

4.2 Further prosecution case (as noticed from status report) is that on 16.01.2023, Nirmal Singh made a statement to the police to the effect that he had seen the occurrence, when he was on morning walk on 04.01.2023 and that at that time, Salinder Singh @ Sunder, the father of Kulwinder Singh @ Kaku, & Harvinder Singh @ Binder were exhorting his sons and other unidentified persons to kill Bahadur Singh. At this, Salinder Singh @ Sunder was nominated in the case and Section 120B IPC was added. Baha