IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on : 16.10.2025 Pronounced on : 17.10.2025 Navjot Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. R. S. Cheema, Senior Advocate with Mr. R. K. Trikha, Advocate, Mr. A. S. Cheema, Advocate and Mr. Satish Sharma, Advocate for the petitioner.

Mr. Roshandeep Singh, AAG, Punjab.

MANISHA BATRA, J.

1. Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in case bearing FIR No. 33 dated 05.03.2025, registered under Sections 109, 132, 221 and 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 25 of the Arms Act, 1959 at Police Station Mullanpur Garibdas, District SAS Nagar.

2. The aforementioned FIR was registered on the basis of the statement recorded by complainant Inspector Harminder Singh, Incharge of CIA Staff, Mohali, on 05.03.2025 alleging that on the same day, he along with other police officials was present in the area of New Chandigarh, when a secret information was received that the petitioner, who was involved in several cases and had been released from jail recently, had kept concealed consignment of illegal arms and ammunitions in his Scropio car and had gone towards his house. It was further informed that he could be apprehended with cache of illegal weapons. Believing the secret information to be true, a raiding party was immediately formed, which reached at the house of the petitioner. The said Scorpio car was found parked outside the main gate. The police party, while opening the main gate, was entering into the house of the petitioner, when the petitioner was seen present there. He rushed towards the rear room. On opening the same, he was found carrying a Sten gun. He was told to keep the same down and to surrender but instead of doing so, he started firing shots with the same in an attempt to kill the police officials, who had a narrow escape. The complainant, while warning the petitioner to throw down the gun, fired shot in self defence and the bullet hit left foot of the petitioner, who fell on the floor. He was apprehended. Another youth present in the adjoining room was also apprehended, who disclosed his name as Amarinder Singh Dhindsa. The Sten gun used by the petitioner along with three cartridges and magazine were taken into possession by the police. Five empty cartridges were also recovered. Said Scorpio vehicle was also taken into possession.

3. As per the further allegations, the petitioner was apprehended and suffered disclosure statement to the effect that the fire arm, recovered from his house, was left by accused Lucky Patial through some unknown person. Investigation now stands completed and challan has been filed.

4. It is argued by learned senior counsel for the petitioner that he has been falsely implicated in this case. A false recovery has been planted upon him. The prosecution version suffers from several material inconsistencies. As per the recovery memo, one Sten gun, magazine and three live cartridges were recovered, whereas the crime scene visit report showed that one black colored hand gun was found lying on the floor in addition to some empty magazines, which were recovered from the spot. His involvement in other cases cannot be considered to be a reason for denying him benefit of bail. He is on bail in all those cases. The conclusion of trial would take considerable time as even charges have not been framed so far. No injury whatsoever has been sustained by any of the police officials. The ingredients for commission of offence punishable under Section 109 of BNS are not at all attracted. He himself had sustained injuries at the hands of police officials without any overt act being committed on his part. He is in custody since long. His further incarceration would not serve any useful purpose. It is, therefore, urged that the petition deserves to be