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2025 Supreme(Online)(P&H) 27915

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARJIT SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent



119 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-45720-2025 (O&M)

Date of Decision: 07.04.2026 Harjit Singh ..... Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Davinder Pal Soni Joura, Advocate, for the petitioner.

Mr. Raj Karan Singh, AAG, Punjab.

Rajesh Bhardwaj, J. (ORAL)

1. Prayer in the present petition is for grant of regular bail to the petitioner in a case FIR No.88 dated 26.08.2018, registered under Sections 458, 380, 323, 342 IPC (Sections 460 and 201 IPC added later on), at Police Station Sadar, District Sangrur.

2. Succinctly, facts of the case are that FIR got registered on statement of Sukhdev Singh. He was working as security guard in SS Uppan Godown Punsup Company. On 25.08.2018, he along with Bahadur Singh, Chamkaur Singh, Jagdev Singh and Akbar Khan, who was appointed as security guard, had reached on the duty at about 06.30 pm. At about 1.30 a.m, when the complainant went inside and switched on the light of torch, 5- 6 unknown persons armed with Danda caught him and started beating him. The injuries were inflicted on his face, legs and arms. Thereafter they took him near 5 number palanthi, where they had already tied Bahadur Singh and threw him there. Then 4-5 more unknown persons came and threw Akbar Khan and Jagdev Singh @ Nanak and tied them. They were threatened that in case they made the noise, they would be given beatings. Akbar Khan was severely beaten by them. At about 04.00 a.m, when the recital of the Gurudwara Sahib started, the accused persons escaped from the godown committing theft of 248 bags of wheat by loading the same in one unidentified vehicle. Thereafter they got themselves freed and on reaching the police, they lodged this complaint. A request was made to take legal action against the culprits. On registration of the FIR, the investigation commenced. Akbar Khan, who was given severe beatings was admitted in the hospital, however, he succumbed to the injuries. Thus, the offence under Section 460 IPC was also added. On completion of the investigation, the challan was filed against 07 of the accused. The petitioner was arrested on 15.02.2025. The petitioner approached the Court of learned Additional Sessions Judge, Sangrur praying for grant of regular bail. However, after hearing both the sides, the learned Court finding no merit in the same, dismissed the bail application filed by the petitioner vide order dated 22.05.2025. Hence, the petitioner has approached this Court praying for grant of bail by way of filing the present petition

3. It has been vehemently contended by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case. He further submits that neither the petitioner was named in the FIR; nor any specific role has been attributed to him. It is further contended that alleged occurrence has taken place in the year 2018, whereas the present petitioner was arrested on 15.02.2025. He further submits that petitioner was falsely implicated in another FIR No. 143 registered at Police Station Sadar, Dhuri, District Sangrur wherein he was duly appearing before the trial Court and he never got arrested. Now, after a period of six years, he has been arrested in the present case. He further submits that co-accused have already been granted bail vide different orders dated 25.07.2024, 21.08.2024, 29.08.2024 & 24.09.2024. He further submits that petitioner is behind the bars from more than one year. A de novo trial has started and thus, conclusion of trial will take a long time. He, thus, submits that in the overall facts and circumstances of the case, the petitioner deserves to be granted regular bail.

4. Per contra, learned State counsel has opposed the submissions made by learned Counsel for the petitioner. He has submitted that complicity of the petitioner surfaced after registration of the FIR. However, he could not be arrested at that time and finally got arrested on 15.02.

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