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Joginder Singh v. State of Punjab

Punjab & Haryana HC9 Jul 2025CRM-M/15578/2025

Case brief

AI extract

What is this about?

Punjab & Haryana High Court, CRM-M-15578-2025, decided 09.07.2025 by Manisha Batra, J. Joginder Singh v. State of Punjab — regular bail under Section 483 BNSS allowed; FIR No.323 dated 06.11.2024, PS Bhawanigarh (District Sangrur), Sections 109, 333, 126(2), 118(1), 115(2), 191(3), 190 BNS; custody since 18.11.2024; investigation complete; bail is rule, jail exception; personal/surety bonds to trial Court/CJM/Duty Magistrate.

What did the court decide?

Release on regular bail subject to furnishing personal/surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned; order comes into force from the time it is uploaded on the Court's official webpage. ¶25

Joginder Singh Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner deserves to be released on regular bail in case FIR No.323 dated 06.11.2024 registered under Sections 109, 333, 126(2), 118(1), 115(2), 191(3), 190 of the BNS at Police Station Bhawanigarh, District Sangrur.

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Court's answer

Petitioner in custody since 18.11.2024; the injury on the victim's left leg attributed to him; investigation stands completed.

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Ratio / Principle

Further incarceration of the petitioner would not serve any useful purpose; bail is the rule and jail an exception.

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Key takeaways

Petitioner deserves release on regular bail; petition allowed; to be admitted to bail on furnishing personal/surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.ratio¶25
Nothing stated in the order shall have any bearing on the merits of the case.obiter¶26

Detailed headnote1 paragraphs

Bail — Regular bail under Section 483 BNSS granted. Joginder Singh, arraigned in FIR No.323 dated 06.11.2024, PS Bhawanigarh, District Sangrur, under Sections 109, 333, 126(2), 118(1), 115(2), 191(3), 190 BNS for the assault of 04.11.2024 on complainant Gurjant Singh (injuries No.1 and 2 grievous; all injuries collectively dangerous to life), was in custody since 18.11.2024 (arrest recorded as 08.11.2024 in the prosecution narrative). The injury on the victim's left leg was attributed to the petitioner; investigation stood completed; the trial would take time; further incarceration would serve no useful purpose; bail is the rule and jail an exception. Petition allowed; bail on personal/surety bonds to the satisfaction of the trial Court/CJM/Duty Magistrate; observations in the order not to affect the merits of the case.

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CRM-M-15578-2025

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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222 CRM-M-15578-2025 Date of decision:09.07.2025

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Joginder Singh ... Petitioner

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Vs.

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State of Punjab ... Respondent

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CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA

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Present: Mr. J.S. Moudgill, Advocate for the petitioner.

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Ms. Sakshi Bakshi, AAG, Punjab.

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Manisha Batra, J. (Oral).

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The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of regular bail in case bearing FIR No.323 dated 06.11.2024 registered under Sections 109, 333, 126(2), 118(1), 115(2), 191(3), 190 of the BNS at Police Station Bhawanigarh, District Sangrur.

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The aforementioned FIR was registered on the basis of statement recorded by the complainant – Gurjant Singh alleging therein that on 04.11.2024, his father Karnail Singh was admitted in hospital. At about 6:45 p.m., he had gone to his house to take meals for his father, when accused Gurdit Singh intercepted him and tried to hit him with his motor bike. The complainant, however, managed to save himself and while going

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HARJEET KAUR 2025.07.11 12:23 I attest to the accuracy and integrity of this document

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CRM-M-15578-2025

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inside his house, he narrated the incident to his cousin brother Shamsher Singh. In the meantime, accused Gurdit Singh along with the petitioner and some other persons while being armed with weapons reached there. All of them encircled the complainant and started calling bad names. Thereafter accused Bhupinder Singh opened an assault upon him by striking a blow with hockey. The petitioner raised a lalkara . Accused Gurdeep Singh and Gurdit Singh caused injuries with hockey and gandasa upon him thereby causing injuries to him with intent to kill him. The petitioner also struck blows with baseball bat on his left leg. He was given kicks and fist blows. On clamour being raised by him, the assailants fled away. He was taken to hospital and was provided treatment. The motive behind the occurrence was that on 01.11.2024, the petitioner and his sons had given beatings to the father of the complainant and they also wanted to kill the complainant. After registration of FIR, investigation proceedings were initiated. One injury sustained by injured Gurjant Singh/complainant was opined to be dangerous in nature. The petitioner was arrested on 08.11.2024. Some co-accused were also arrested subsequently. As per the report given by the doctor, the injuries No.1 and 2 as sustained by the victim were grievous in nature and all the injuries were collectively dangerous to life. The investigation now stands completed.

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It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody since 18.11.2024. The trial will take considerable time to conclude. His further detention would not serve any useful purpose. The co-accused Gurpreet Singh and Bhupinder Singh have been extended benefit of pre-arrest bail. On parity, he too,

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HARJEET KAUR 2025.07.11 12:23 I attest to the accuracy and integrity of this document

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CRM-M-15578-2025

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deserves to be given the same benefit. It is, therefore, urged that he deserves to be released on bail.

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Status report has been filed. It is argued by learned State counsel that keeping in view the gravity of allegations as levelled against the petitioner and part played by him, he does not deserve to be released on bail. 5. This Court has heard the rival submissions made by learned counsel for the parties carefully.

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The petitioner is alleged to have formed membership of an unlawful assembly with the co-accused and in prosecution of common object of that unlawful assembly, is alleged to have voluntarily caused simple as well as grievous injuries to the complainant. Some of these injuries were declared to be grievous and were also declared to be collectively dangerous to life. The petitioner is, however, in custody since 18.11.2024. The injury on the left leg of the victim has been attributed to the petitioner. Investigation stands completed. The trial will obviously take time to conclude. Further incarceration of the petitioner is not going to serve any useful purpose. It is well settled proposition of law that the bail is the rule and the jail is an exception.

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Keeping in view the above discussed facts, this Court is of the considered opinion that the petitioner deserves to be released on bail. Accordingly the petition is allowed and he is ordered to be admitted to bail subject to his furnishing personal/surety bonds to the satisfaction of learned trial Court/learned Chief Judicial Magistrate/Duty Magistrate concerned.

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