IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (207)

Date of decision: 31.10.2025 Vishaldeep Singh @ Shelly .... Petitioner V/s State of Punjab ...Respondent CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. J.S. Thind, Advocate and Mr. Divyanshu Bansal, Advocate, for the petitioner.

Mr. Harkanwar Jeet Singh, AAG, Punjab.

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JASJIT SINGH BEDI, J. (Oral)

The prayer in the present petition under Section 483 of BNSS, 2023 is for the grant of regular bail to the petitioner in case FIR No.287 dated 29.10.2023 under Sections 302/120-B IPC and Sections 25/27/54/59 of the Arms Act, 1959 and Sections 21-C, 29/61/85 of the NDPS Act registered at Police Station Jandiala, District Amritsar.

2. The present FIR came to be registered at the instance of Shamsher Singh and reads as under:-

Statement of Shamser Singh son of Sohan Singh Resident of HNO 780 Sekhupura Mohalla Jandiala Guru age around 57 years Telephone No. 80547-209421 stated that I am a resident of the said address and working as a tailor master and I have three children elder girl Manjit Kaur and the second is Amritpal Singh alias Sajan the third is Ajaypal Singh. Today on 29-10-23 there was a gathering program at the house of Vijay Kumar President Kisan Union Jandiala Guru. In which we were sent an invitation letter in which I and my boy Amritpal Singh alias Sajan went to participate. It would be around 6 o'clock in the evening that I and my boy were coming back from the program, when we reached the T-point near Patwarkhana Road, five youths riding on 2 motorcycles came from the front and as soon as they were coming, they shot at my boy Amritpal Singh. I ran behind the wall and my boy was shot and Kulwant Singh son of Pyara Singh who was coming on the way was also shot and both of them fell on the ground and an unknown young man came again and shot my boy and then the accused ran away on their motorcycle. Threats to kill my son were issued every day by Harpreet Singh alias Happy Jatt son of Ranjit Singh, resident of Jandiala Guru and I am sure that my son was killed by Harpreet Singh alias Happy Jatt Rahul son of Sukhwinder Singh resident of Jandiala, Gagandeep Singh alias Gaggi alias Haddi son of Ramesh Singh resident of Jandiala, Sahil son of Sandeep Singh resident of Jandiala. My son Amritpal Singh was brought to Amandeep Hospital Amritsar for treatment by arranging a ride where the Doctor had declared him dead and injured Kulwant Singh son of Pyara Singh resident of Sheikhupura Mohalla, his family Mr.Guru Nanakdev brought the hospital. But I came to know that he is also dead, Action be taken against the accused. Sd/-Shamsher Singh.

3. The learned counsel for the petitioner contends that the star witness, namely, Shamsher Singh has been examined as PW-1 and has failed to identify the main accused named in the FIR, namely, Rahul Singh etc. The petitioner is only stated to have done the recce of the deceased-Amritpal Singh and gave information about the movement of Amritpal Singh to the main accused. As he is in custody since 05.12.2023 but only 01 of the 33 prosecution witnesses has been examined so far, the Trial in the present case is not likely to be concluded anytime soon and therefore, he is entitled to the concession of bail when Rahul Singh has been granted the said concession.

4. The learned counsel for the State while referring to the reply dated 22.07.2025 contends that the petitioner had conducted a recce of the deceased-Amritpal Singh and provided information about his movement to Harpreet Singh alias Happy Jatt and Amri. Therefore, he is not entitled to the concession as prayed for. He, however, concedes that the complainant- Shamsher Singh was examined as PW-1 and has not identified the main assailants on the basis of which Rahul Singh one of the assailants has been granted the concession of bail. He also concedes that the petitioner is in custody since 05.12.2023 and only 01 of the 33 prosecution witnesses has been examined so far.

5. I have heard the