IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Reserved on:14.10.2025 Date of decision:17.10.2025 Jaskaran Singh ... Petitioner Vs.

State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. A.S. Brar, Advocate for the petitioner.

Ms. Sakshi Bakshi, AAG, Punjab.

...

Manisha Batra, J. (Oral).

The present petition has been filed by the petitioner seeking grant of regular bail in case bearing FIR No. 155 dated 16.07.2023 registered under Sections 302, 34, 212 and 120-B of IPC and Section 25 of Arms Act at Police Station City Moga, District Moga.

2. The aforementioned FIR, was registered on the basis of statement recorded by the complainant Mahinder Kaur, on 16.07.2023 alleging that her younger son Sukhdev Singh @ Sebu was confined in Faridkot Jail in connection with some case. On the same day, she, along with her husband Santokh Singh, was present in her house when someone knocked at her house. On opening the gate, she found four persons to be present there. They disclosed that they had been sent by Sukhdev Singh. They came inside and asked for water. The husband of the complainant also reached there. Suddenly, one of those four persons, took out a pistol from his pocket, and while pointing the same towards her husband, fired shots with the same. Her husband had fallen down due to the impact of injuries sustained by him. She raised clamour, on hearing which the assailants fled. Her husband succumbed to the injuries. After registration of FIR, investigation proceedings were initiated.

3. As per the further allegations, on 17.07.2023, the complainant got recorded her supplementary statement to the effect that a quarrel had taken place between her son Sukhdev Singh, confined in jail with one Gaurav Sharma @ Goru Bachcha due to which Gaurav Sharma was holding a grudge against her son and had got committed the murder of her husband. On her statement, offence under Section 120-B of IPC was added and accused Gaurav Sharma was nominated as such. He was arrested and suffered disclosure statement on the basis of which, accused Gurpreet Singh @ Gopi, Bhupinder Singh @ Bhinda and Amritpal were nominated as co- accused. Subsequently, accused Nirmal Singh @ Nimma was nominated and arrested. Accused Nirmal Singh suffered disclosure statement on the basis of which, accused April Singh @ Shera and the petitioner were nominated. The petitioner was arrested on 27.07.2023. He suffered disclosure statement and got recovered one country made pistol .32 bore along with three live cartridges. On the disclosure statement of the petitioner and other accused, Paramjit Singh and Gurinderpal Singh were nominated as additional accused. They too were arrested. Investigation now stands completed and the petitioner along with co-accused is facing trial for commission of aforementioned offences.

4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statement of co-accused, which cannot be considered to be admissible in evidence. A false recovery has been planted upon him. Though, his test identification parade was got conducted but it was defective as he was already shown to the son of the deceased. He has clean antecedents. His further incarceration is not going to serve any fruitful purpose. No specific overt act has been attributed to him. He never hatched a conspiracy with the co-accused. Co- accused Paramjit Singh @ Pamma has been extended benefit of bail. On parity, he too deserves to be given the same benefit. It is, therefore, urged that the petition deserves to be allowed.

5. Status report has been filed. Learned State counsel has argued that keeping in view the gravity of allegations as levelled against the petitioner, he does not deserve to be extended benefit of bail.

6. This Court has heard rival submissions made by learned counsel for the parties at considerable length.

7. The petitioner is alleged to have hatched a conspiracy with the co-accused and i