Allowed¶28

Sukhbir Singh Alias Sukh v. State of Punjab

Criminal bail – Regular bail under Section 483 of BNSS, 2023

Punjab & Haryana HC27 May 2025CRM-M/4321/2025

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CRM-M-4321-2025; Punjab and Haryana High Court; Justice N.S. Shekhawat (single member bench); Sukhbir Singh alias Sukh v. State of Punjab; decision 27.05.2025; regular bail granted under S.483 BNSS 2023 in FIR No.20 dated 16.05.2024, Sections 302/34 IPC, P.S. Ghanie Ke Bangar, Batala, Gurdaspur; petitioner's role limited to abuse and threats, no overt act in challan; over one year custody, challan filed, only one witness examined, trial delayed; bail on bail bonds/surety bonds to trial Court/Duty Magistrate/CJM; no precedent cited.

What did the court decide?

Petitioner ordered to be released on regular bail subject to furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned. ¶28

Sukhbir Singh Alias Sukh Vs State of… — Murder and Culpable Homicide | Punjab & Haryana HC (2025)

CRM-M-4321-2025

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-4321-2025 Date of Decision:27.05.2025

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SUKHBIR SINGH ALIAS SUKH

…PETITIONER

VS.

STATE OF PUNJAB

…RESPONDENT

Coram : Hon’ble Mr. Justice N.S.Shekhawat

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Present : Mr. Vipin Mahajan, Advocate for the petitioner.

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Mr. M.S. Bajwa, DAG, Punjab.

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N.S.Shekhawat J. (Oral)

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The petitioner has filed the present petition under Section 483 of BNSS, 2023 with a prayer to grant regular bail to him in case FIR No.20 dated 16.05.2024, registered under Sections 302, 34 IPC, Police Station Ghanie Ke Bangar, Police District Batala, District Gurdaspur.

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Learned counsel for the petitioner contends that as per the allegations levelled by the complainant, the petitioner was present at the place of occurrence and had abused Gurinder Singh, since deceased. As per the complainant, Angrej Singh had taken up a kirch from his shirt and Inderjit Singh had caught hold of Gurinder Singh from behind and Angrej Singh caused an injury with a kirch on the abdomen of Gurinder Singh. Gurinder Singh had suffered only one injury, which was attributed to Angrej Singh, co-accused and

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VIPIN KUMAR 2025.05.29 10:27 I attest to the accuracy and integrity of this judgment/order

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CRM-M-4321-2025

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he had succumbed due to said injury. Learned counsel further submits that even as per the complainant, the petitioner was simply present at the spot and no other overt act has been attributed to him. Even, he did not cause injury to any of the injured also. The petitioner was arrested in the present case on 20.05.2024 and is in custody for the last more than one year. The challan has already been presented against him. Still further the witnesses of the prosecution are intentionally not appearing before the trial Court and every attempt has been made to delay the trial before the Court.

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On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the present petitioner he does not deserve the concession of bail by this Court. However, he could not dispute the factual submissions made by the petitioner.

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I have heard the learned counsel for the parties and perused the record carefully.

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In the present case, only allegations levelled against the petitioner is that he had threatened the complainant side and abused them. Apart from that, there is no other allegation against the petitioner in the challan. Still further, he is stated to be in custody for the last more than one year and only one witness has been examined so far. Thus, the trial before the trial Court may not conclude in near future and the further custody of the petitioner will not serve any useful purpose.

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Without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his

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VIPIN KUMAR 2025.05.29 10:27 I attest to the accuracy and integrity of this judgment/order

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CRM-M-4321-2025 -3-

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furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned.

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27.05.2025			(N.S. SHEKHAWAT)
vipin			JUDGE
	Whether reasoned/speaking	:	Yes/No
	Whether reportable	:	Yes/No

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VIPIN KUMAR 2025.05.29 10:27 I attest to the accuracy and integrity of this judgment/order

Sukhbir Singh Alias Sukh v. State of Punjab

Case brief

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Sukhbir Singh Alias Sukh v. State of Punjab

Case brief

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