Bhagwan Singh Alias Bhana vs State Of Punjab

Jasjit Singh Bedi, J

The prayer in the present petition under Section 483 of BNSS is for the grant of regular bail to the petitioner in case FIR No.43 dated 30.07.2023 under Sections 307/324/323/506/148/149 IPC (later on added Section 302 IPC) registered at Police Station Bajakhana, District Faridkot.

The present FIR came to be registered at the instance of Jassa Singh and reads as under:-

Statement of Jassa Singh son of Bikkar Singh son of Ram Singh Resident of Ghania, P.S. Bajakhana aged about 47 years, mobile no.81960-60920. Stated that I am resident of above said address and is a labourer. I have three sons who all are also doing labour work. There remained a family dispute between our co-villager Mahna Singh son of Shinder Singh and his wife. Said Mahna Singh is married in our relation at Village Dyalpura. On 29.07.2023, our relatives in regarding of dispute of said couple came over that from Village Dayalpura for making them understand. When we came to know that the relatives have come to the house of Mahna Singh then I along with my son Sikander Singh and neighbourer Ghona Singh also joined them and went to house of Mahna Singh. Mahna Singh and his wife started speaking loudly. Then at about 10.30 A.M. Lovepreet Singh @ Labbu armed with Khanda, Sarbjit Singh @ Gulati armed with Gandassa sons of Bhagwan Singh alias Bhana and Bhagwan Singh @ Bhana son of Gurnam Singh armed with baseball Residents of Ghania and two unknown persons came at the spot. Lovepreet Singh alias Labbu raised an alarm by saying that today Sikandar Singh has come into our hands, don't let him go and on hearing so, my son Sikander Singh fled from the spot and Lovepreet Singh @ Labbi etc. also run behind him along with their respective weapons and I also followed them. When my son Sikander Singh reached near Harpreet Singh's Saloon, Lovepreet Singh @ Labbu in order to kill him, attacked him with khanda on his head, which hit on centre of his head. In the meantime Sarbjit Singh @ Gulati attacked with a gandasa from reverse side on head of my son, which hit on right side of his head and my son Sikander Singh fell on road. Bhagwan Singh @ Bhana attacked my son with baseball on his abdomen and two unidentified persons gave kick blows to my son. Upon which we raised hue & cry and nearby people gathered there then the above said persons scuffling with us and by giving threatenings to us escaped from the spot alognwith their respective weapons. In the meantime my younger son Krishan Singh also reached at the spot. My son Sikander Singh was admitted in Guru Gobind Singh Medical College and Hospital, Faridkot by me and my son Krishan Singh after arranging a vehicle, from where due to multiple injuries, my son was referred to Bathinda. Upon which we admitted my son Sikander Singh in Neuro Spine Trauma Centre, Bathinda, where my son is under treatment and is unconscious.

The motive behind the occurrence is that earlier fight has took place between my son Sikander Singh and Bhagwan Singh and his sons. Due to that grudge Lovrpreet Singh alias Labu, Sarabjeet Singh alias Gulati and Bhagwant Singh alias Bhana and 2 unknown persons in-connivance with each other caused injuries to my son Sikander Singh with intention to kill. I have recorded my statement to you, which is heard and is correct. Action my please be taken. LTI/- Jassa Singh.

The learned counsel for the petitioner contends that Jassa Singh has been examined as PW-1 and his son Krishan Singh as PW-2. None of them have supported the prosecution case. As the petitioner is a first-time offender, in custody since 01.08.2023 but only 03 (material witnesses) out of the 21 prosecution witnesses have been examined so far, the Trial of the present case is not likely to be concluded anytime soon and therefore, he is entitled to the concession of bail moreso when three co-accused namely, Lakhvir Singh alias Arshu alias Lakhveer Singh, Lovepreet Singh alias Labhu and Sarabjeet Singh alias Gulati have been granted the concession of bail vide orders dated 18.02.2025, 25.02.2025 and 22.09.2025 respectively passed in CRM-M-23050-2024, CRM-M-68360-2025 and CRM-M-24567-2025.

The learned counsel for the State, on the other hand, while referring to the reply dated 30.01.2026 which is already on record, contends that as per the case of the prosecution, the petitioner and his co-accused assaulted the deceased. Therefore, he is not entitled to the concession of bail. He, however, concedes that the petitioner is in custody since 01.08.2023 but only 03 out of the 21 material prosecution witnesses have been examined so far, that three of them have not supported the prosecution case moreso when three co-accused namely, Lakhvir Singh alias Arshu alias Lakhveer Singh, Lovepreet Singh alias Labhu and Sarabjeet Singh alias Gulati have been granted the concession of bail vide orders dated 18.02.2025, 25.02.2025 and 22.09.2025 respectively passed in CRM-M-23050-2024, CRM-M-68360-2025 and CRM-M-24567-2025.

I have heard the learned counsel for the parties.

Admittedly, the three material prosecution witnesses stands examined and have not supported the prosecution case. Whether the remaining evidence on record is sufficient to affix the guilt of the petitioner shall be adjudicated upon during the course of the Trial. He is a first-time offender, in custody since 01.08.2023 but 18 prosecution witnesses are yet to be examined. Therefore, the Trial of the present case is not likely to be concluded anytime soon. In this situation, the further incarceration of the petitioner is not required moreso when three co-accused namely, Lakhvir Singh alias Arshu alias Lakhveer Singh, Lovepreet Singh alias Labhu and Sarabjeet Singh alias Gulati have been granted the concession of bail vide orders dated 18.02.2025, 25.02.2025 and 22.09.2025 respectively passed in CRM-M-23050-2024, CRM-M-68360-2025 and CRM-M-24567-2025.

Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Bhagwan Singh alias Bhana S/o Gurnam Singh is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned.

The petition stands disposed of.