IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Gurjeet Singh ... Petitioner Vs.

State of Punjab ... Respondent 1. The date when the judgment is reserved 09.02.2026 2. The date when the judgment is pronounced 11.02.2026 3. The date when the judgment is uploaded on the 11.02.2026 website

4. Whether only operative part of the judgment is Full pronounced or whether the full judgment is pronounced

5. The delay, if any, of the pronouncement of full Not applicable judgment, and reasons thereof CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Hemant Bassi, Senior Advocate with Mr. Jagtar Singh, Advocate and Ms. Saloni Chhabra, Advocate for the petitioner.

Ms. Ruchika Sabherwal, Sr. DAG, Punjab.

Mr. Sandeep Wadhawan, Advocate for the complainant.

...

Manisha Batra, J. (Oral).

1. This petition has been filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking grant of regular bail in a cross version bearing DDR No.26 dated 12.12.2014 arising out of FIR No.261, dated 12.12.2014, registered under Sections 302, 307, 324, 452, 427, 148, 149 IPC and Sections 25 and 27 of the Arms Act, at Police Station Lopoke, District Amritsar.

2. As per the allegations, FIR No.261 dated 12.12.2014 was registered on the basis of complaint made by complainant – Makhtool Singh, alleging that on 12.12.2014, the persons named as accused therein, had opened an assault upon him, his brother Narender Singh and his companions. The victim Narender Singh and himself had sustained firearm injuries. The dispute was with regard to some land. His brother Narender Singh had died on the spot. After registration of the FIR, investigation proceedings were initiated. On the same day, DDR No.26 was entered on the basis of statement recorded by Jatinder Singh S/o Satwinder Singh to the effect that on the same day, he along with his cousin brother Nawab Singh and assistant Daler Singh was present in his agricultural land and had been ploughing the same, when the petitioner accompanied by co-accused, reached there. He was armed with a 315 bore rifle, whereas the other accused were also having firearms with them. They opened an attack and assaulted the complainant and his brother. Petitioner fired a shot with his 315 bore rifle, which hit the head of Nawab Singh, resulting into his instantaneous death. The shot fired by Gurjit Singh with his rifle had hit Jagtar Singh, who too died at the spot. He too had sustained injuries. The assailants had thereafter fled away.

3. After registration of the FIR and DDR, investigation proceedings were initiated. The petitioner was arrested on 19.03.2015. He, however, escaped from the police custody by breaking open the locks of the lockup at Police Station Lopoke on 20.03.2015. Proceedings under Section 82 of the Cr.P.C. were initiated against him. A case under Sections 223, 224 and 225 IPC was also registered separately. He was declared a proclaimed offender and was subsequently arrested on 30.07.2023. Presently, he is facing trial for commission of the aforementioned offences.

4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. It was a case of version and cross- version to protect their possession and property and in exercise of right of private defence, cross firing had taken place, which resulted in death of Jagtar Singh and Nawab Singh. The DDR was recorded after making due deliberations and assertions by twisting actual facts. The victim Narender Singh was shot dead by the members of the opposite party and it has been projected that he had been shot at by the group of the present petitioner. Makhtool Singh had sustained serious injuries in the same incident. The petitioner was not even present at the spot of occurrence since he was admitted in Dashmesh Nursing Home, Amritsar as an indoor patient from 09.12.2014 to 13.12.2014. Even his licensed 315 rifle was lying deposited at Ajit Gun House since 01.12.2014, which proved that h