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

206 CRA-S-2537-2025 Date of Decision : 09.09.2025 LAKHWINDER SINGH ...Appellant VERSUS STATE OF PUNJAB AND ANOTHER ...Respondents CORAM: HON’BLE MS. JUSTICE AARADHNA SAWHNEY Present: Mr. R.S. Rai, Senior Advocate with Mr. Rehan Gupta, Advocate for the appellant.

Mr. Gautam Thapar, Sr. DAG, Punjab.

Mr. Ramandeep, Advocate for respondent No.2-complainant.

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AARADHNA SAWHNEY, J. (ORAL)

1. This order shall dispose of appeal filed by appellant, Lakhwinder Singh, son of Sadha Singh, resident of Village Haryau Khurd, Tehsil Patran, District Patiala, against order dated 31.07.2025, passed by learned Additional Sessions Patiala, vide which application for grant of anticipatory bail of appellant-accused in case FIR No.169 dated 25.07.2025 registered against him, for the commission of offences punishable u/s 108, 3(5) of BNS (Section 3(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 added later on), at Police Station Patran, District Patiala, was dismissed.

2. Relevant facts as emerging from documents on record be noticed hereinbelow:-

Sh. Malkit Singh (respondent No.2 in the present appeal), son of late Sh. Kapur Singh and Parmeet Kaur w/o Harpreet Singh (since deceased), set the criminal law in motion by filing a complaint pointing therein that he has two children, elder son named - Davinder Singh and younger daughter Rajwinder, who is married. At about 12.00 PM on 25.07.2025, he (complainant) along with his family members were at home. His son Davinder Singh (since deceased), aged about 50 years and Davinder's friend Harpreet Singh (since deceased) were also present, when Lakhwinder Singh (appellant herein) arrived and started levelling allegations against both Davinder and Harpreet (who were plying truck of Lakhwinder Singh), that they had committed theft of Rs.65,000/-. In this context, an altercation occurred. Later, both Davinder and Harpreet were called by Lakhwinder (A) at his shop Pal Motors, Sangrur Road, Patran, where Lakhwinder (A) and his accomplices thrashed the boys. Kala Singh, son of Kapur Singh, also reached at the shop. Complainant further pointed out that both Davinder and Harpreet were so upset by the incident, felt humiliated to an extent that they consumed Sulfas tablets, when they reached home. As their condition started deteriorating, they were rushed to CHC Patran, from where they were referred to Rajindra Hospital, Patiala. But unfortunately, the two of them died on the way. Towards the end, complainant also pointed out that Lakhwinder Singh (A), nephew of Lakhwinder Singh, brother of Lakhwinder Singh, Desa, son of Buggar Khan, Lakhwinder, son of Gej Singh, hurled cheap abuses at Davinder and Harpreet Singh, who both felt deeply insulted and took this extreme step.

With this backdrop, complainant, who lost his son Davinder Singh and his son's friend Harpreet Singh, requested the police authorities to catch hold of all those who were responsible for the death of the boys, as also to initiate appropriate criminal proceedings against them. On the basis of said complaint, a criminal case vide FIR No.169 dated 25.07.2025 was registered against Lakhwinder Singh and others for commission of offence punishable u/s 108, 3(5) of BNS.

Postmortem examination was got conducted at Rajindra Hospital Patiala on 26.07.2025, after which the viscera from the dead bodies was handed over to IO for depositing the same with the Chemical Analyst.

The said report is still awaited.

Co-a ccused - Desh Raj @ Desa was arrested on 28.07.2025.

On the following day i.e. on 29.07.2025, complainant /respondent No.2, made a supplementary statement, clarifying therein the names of brother and nephew of Lakhwinder Singh, who had also actively participated in the incident, as Jeet Singh @ Jeeta Lahoria and Saranjit Singh @ Saran, son of Joga Singh, respectively. Complainant also referred to a conversation between him and his brother Kala Singh, who disclosed t