Allowed¶32

Piara Masih v. State of Punjab

Punjab & Haryana HC28 May 2025CRM-M/5962/2024

Case brief

AI extract

What is this about?

Punjab & Haryana High Court regular bail Section 439 CrPC; petitioner Piara Masih (spelt 'Pyara Masih' in FIR narrative); FIR No.27 dated 26.05.2023, PS Kotli Surat Malhi, District Gurdaspur; Sections 307, 452, 323, 324, 342, 506, 379, 411, 148, 149, 325, 326, 341, 201, 473, 458 IPC and Sections 25, 27, 54, 59 Arms Act; custody since 30.05.2023; charges framed 04.11.2023; 1 of 32 witnesses examined, 31 remaining; zimni orders; bailable/non-bailable warrants; complainant died natural death 2025; criminal antecedents, acquitted in 2 of 3 cases; trial delay attributable to prosecution alone; bail granted on surety bonds; Manjari Nehru Kaul, J.; decided 28.05.2025.

What did the court decide?

Regular bail granted; petitioner to be admitted to bail on furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.

Piara Masih Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2025)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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206

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CRM-M-5962-2024 Date of decision: May 28, 2025

PIARA MA S IH

.....Petitione r

Versus

STATE OF P UNJAB

.....Responden t

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

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Present: Mr. Hitesh Chopra, Advocate for the petitioner.

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Mr. Amit Rana, Sr. DAG, Punj a b with ASI Amreek Singh.

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MANJARI NEHRU KAUL, J.

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The instant petition has been fil e d under Section 439 Cr.P.C. fo r grant of reg u lar bail to the petitioner in ca s e FIR No.27 dated 26.05.202 3 under Sections 307, 452, 323, 324, 342, 50 6 , 379, 411, 148, 149, 325, 326 , 341, 201, 47 3 , 452, 458 of the Indian Penal C ode, 1860 and Sections 25, 27 , 54, 59 of A r ms Act, 1959, registered at P o lice Station Kotli Surat Malhi , District Gur d aspur (Annexure P-1).

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Learned counsel for the petiti o ner submits that the petitione r has been la n guishing in custody since 30. 0 5.2023; after the charges wer e framed on 04.11.2023, only 1 prosecution w itness out of the 32 cited ha s been exami n ed till date. It has been furthe r asserted that the case is bein g adjourned r e peatedly by the learned trial C ourt as the witnesses have no t been appea r ing before the learned trial C ourt despite the issuance o f bailable/non - bailable warrants to secure th e ir presence. In support, he ha s

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Jaspreet Kaur 2025.05.28 17:37 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-5962-2024 -2-

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placed on r e cord all the zimni orders passed by the learned trial Court. I n addition, it has also been brought to the notice of this Court that th e complainant , who allegedly sustained injuri e s in the occurrence in question , had died nat u ral death in the year 2025.

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Per contra , learned State cou n sel, while opposing the praye r and submiss i ons made by the counsel oppos i te, has not disputed the custod y period of th e petitioner nor has he disputed the stage of trial, however, th e allegations l e velled against the petitioner i n the FIR (Annexure P-1) hav e been reiterat e d, which stand reproduced hereinunder: -

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“Statement of Vikramjit Singh s o n of Gurmeet Singh Resident o f Nabi Nagar Police Station K o tli Surat Malli age about 2 5 y ears, 93482-29773, stated th a t I am a resident of the sai d address and I am driving tru c k. At this time on the truck o f Patiala transport, I bring t h e material stone, etc. fro m Himachal side for the constru c tion of road at Malerkotla sid e and gets it unloaded there a nd some time ago I had a relationship with Jyoti wife of Bunty resident of Balmik Mohall a Kalanor. We started talking to each other on the phone an d J yoti started taking money fro m me for small expenses. Whe n she started demanding more m o ney from me, I stopped pickin g her phone call. And about 10 t o 15 days, ago Jyoti establishe d contact with me and came to m e at Machiwara along with a p erson named Pyara Masih/wh o m I just came to know him now, whose father's name is Pal Ma s ih resident of Patti Chandigar h Kala Afghana and apart from this 2 to 3 more unidentifie d p erson came who were also c a rrying pistols and Jyoti starte d telling me that you are no l o nger giving money as per m y request and as per my require m ent and after chit-chatting the y started leaving. While leaving Jyoti took the mobile from m y hand and started saying that t h is mobile I am need and I kep t quiet after seeing Pyara Mas h i alongwith the person havin g p istol in their hands with the Jy o ti and I did not complain abou t it to the police or anywhere else at that time because I had m y relationship with Jyoti, earlier. I then took my new mobile an d p ut the said Jyoti's mobile n u mber in the block list and o n 25.05.2023 at 09:30 PM I re c eived a call from an unknow n number who said that I am Pya r a Masih talking to you. We will

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Jaspreet Kaur 2025.05.28 17:37 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-5962-2024

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teach you the lesion, that you are defaming Jyoti. That afte r taking the food we slept in our house and I was sleeping in m y drawing room, it would be around 03:30 AM, that suddenly a sound came of opening of the d o or by pushing it. Suddenly I go t up and saw the said Jyoti arm e d with baseball bat, said Pyar a Masih armed with Pistol and other unknown person amon g whom one had a pistol and ot h er two were armed with Datta r (Sickle) entered in the room and by seeing them I shouted an d listening to which my father G u rmeet Singh, mother Rajwinde r Kaur, brother Harpal Singh ru s hed into my room and unknow n p ersons including Pyara Masi h by pointing pistols said to m y brother, mother and father to s i t quietly on one side otherwis e y ou also will be killed. That p o inting the pistons by unknow n p erson all these three were m ade to sit on the cot. And b y holding the dattar from the unknown person the Pyara Sing h said that I will teach you abo u t the fun (rather teach you th e lesson) that "by making friend s hip with the said Jyoti and no t obeying her", and on the sam e instances with the intention t o kill me has attacked on my h ead with the hand held sickl e (Dattar), which has hit straig h t on the rear side of my head, then Pyara Masih has made t w o straight two direct blows o n me with the intention to kill me which to save my self I hav e raised my right hand and it hit me on just above the right han d wrist and the hit of the second a ttack was made inside the righ t arm just above the previous h i t. Then the aforesaid Jyoti ha s made continuously three attack with the baseball on me, whic h hit me on the left arm, second on the left leg and third on th e right shoulder, then the unkno w n person has hit me with th e hand held dattar which hit me on the right hand from the rea r side and then I, unconsciously f ell down on the floor. And th e unknown person made two co n tinuous blow while I was lyin g f ell on the floor, one of which hit me inside the left foot an d another on the right foot a nd then Pyara Masih mad e continuous attack with the ha n d held sickle (Dattar) on m e which hit me on the right side of the foot and another on th e outside portion of the right foo t and my parents shouted loudl y without being care of their ow n life, then all the accused ra n away from the spot alongwith t heir weapon and while leavin g they stolen silently the mobile phone of mine and my brothe r which was lying on the SOFA and took alongwith them.Bein g injured, by making arrangeme n t of the conveyance, my fathe r took me and got admitted to the CHC Dera Baba Nana k Hospital, where doctor sahib h as given me the first aid an d bandages. Then they recorded t he result. Whole of this inciden t were noticed with their own e yes by my father, brother an d mother. The reason behind this r evenge is that the aforesaid

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Jaspreet Kaur 2025.05.28 17:37 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-5962-2024 -4-

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J yoti made relationship with m e to get and grab the money fro m me and later when she stared d emanding more money, I hav e lessened my attachment with h e r. That by associating with th e aforesaid Pyara Masih, who is a criminal person, she snatche d my mobile phone a few days a go. That same incident I hav e narrated to their near and dear one, taking the same incident a s revenge, they alongwith the un k nown person, by parking thei r vehicle at distance from our house and has beaten me b y entering in my bed room by ju m ping over the four-wall fence o f our house. And during that pe r iod time, kept caged by father, mother and brother on the poi n t of pistol. I got my statemen t written and read out, it is corre c t. Action must be taken agains t them accordingly.”

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It has been submitted by t h e learned State counsel tha t although, as p er the FIR, initially the petitio n er was alleged to be armed wit h a firearm, h o wever, during the course of the occurrence in question, he too k a datar fro m the co-accused and thereafter, i nflicted multiple injuries on th e person of th e complainant/injured, out of w h ich one injury was on her head . The said inj u ry was opined to be simple in n a ture. It has also been brought t o the notice o f this Court that the petitioner is a man of criminal antecedents a s he has prev i ously been booked in 3 othe r criminal cases, out of whic h concededly, i n 2 cases, he has since been ac q uitted.

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I have heard learned counsel f or the parties and perused th e relevant mat e rial placed on record.

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A perusal of the zimni orders r eveals that despite issuance o f bailable wa r rants and the case being adjo u rned repeatedly, witnesses, fo r reasons best know to them, have been conti n uously not appearing before th e trial Court. T he delay in the conclusion of t r ial is attributable to prosecutio n and prosecu t ion alone, for which the petitioner cannot be made to languis h

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Jaspreet Kaur 2025.05.28 17:37 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-5962-2024 -5-

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in custody f o r no fault of his. The trial is u nlikely to conclude in the nea r future as 31 p rosecution witnesses still rema i n to be examined. 7. In the facts and circumstances a s enumerated hereinabove, thi s Court deems it fit to extend the concession of regular bail to the petitioner a s the trial wou l d take considerable time to con c lude. 8. Accordingly, the instant petitio n is allowed, and the petitione r be admitted t o bail on his furnishing bail/su r ety bonds to the satisfaction o f the Trial Co u rt/Duty Magistrate concerned.

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However, it is made clear that anything observed hereinabov e shall not be construed to be an expression of opinion on the merits of th e case.

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May 28, 202 5	(MANJARI NEHRU KAUL)
Jaspreet Kaur	JUDGE
Whether speaking/reasoned	: Yes/No
Whether reportable	: Yes/No

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Jaspreet Kaur 2025.05.28 17:37 I attest to the accuracy and integrity of this document Chandigarh

Piara Masih v. State of Punjab

Case brief

What is this about?

What did the court decide?

Piara Masih v. State of Punjab

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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